Santosh Kumar Mishra and 4 Others Vs State of U.P. and 2 Others

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 63 of 2020

Petitioner :- Santosh Kumar Mishra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.

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With

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1247 of 2020

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Petitioner :- Ram Sagar Pandey Alias Ram Sagar Sankatha Pandey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Chandra Tiwari,Shakti Shanker Tiwari Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Deepak Verma,J.

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As these two writ petitions seek quashing of the common first information report dated 7.12.2019 lodged by informant, Pankaj Kumar Tiwari, registered as Case Crime No.160 of 2019, P.S. Padari, District Mirzapur, under Sections 120-B, 323, 342, 370, 376, 498-A, 504, 506 I.P.C., they have been heard together and are being decided by a common order.

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We have heard Sri Dhirendra Kumar Srivastava for the petitioners in Crl. Misc.W.P.No.63 of 2020; Sri S.C. Tiwari for the petitioners in Crl. Misc. W.P. No.1247 of 2020; learned A.G.A. for the respondents 1 and 2 and perused the record.

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The allegations in the impugned first information report, which has been lodged by the brother of the victim, is in respect of demand of dowry, harassment of the victim and of throwing the victim out of her matrimonial home. The allegation is also to the effect that victim's husband sold off the victim to Ram Sagar Pandey.

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Both the counsels appearing for the petitioners have placed reliance on the supplementary affidavit filed in Crl. Misc. Writ Petition no.63 of 2020, which carries the statement of the victim recorded under Section 164 Cr.P.C.

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From a perusal of the aforesaid statement of the victim, it appears that the main allegation is that the victim was not kept properly by her husband, Santosh Kumar Mishra (petitioner no. 1 in Crl. Misc. W.P. No.63 of 2020) and he sold the victim for Rs.7,00,000/- to Ram Sagar Pandey (petitioner no. 1 in Crl. Misc. W.P. No.1247 of 2020). It is also alleged that Ram Sagar Pandey, thereafter, married the victim. At the bottom of her statement, she has admitted that even prior to her marriage with Ram Sagar Pandey, she had relationship with him.

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Learned counsel for the petitioners have submitted that from the statement of the victim recorded under Section 164 Cr.P.C., it appears to be a case where the victim had walked out of her marriage and entered into relationship with another man and out of disgust, first information report has been lodged by her family.

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Be that as it may, as the allegations disclose commission of cognizable offences, and from the statement of the victim recorded under Section 164 Cr.P.C. it appears that she has been harassed, the prayer of the petitioners to quash the F.I.R. cannot be accepted.

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However, considering the peculiar facts of the case, keeping in mind that the victim was married to Santosh Kumar Mishra, 24 years ago and has a male child, aged about 14 years, out of the wedlock and now from her statement under Section 164 Cr.P.C. she appears to be in a relationship with Ram Sagar Pandey, we deem it appropriate to dispose off these petitions by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioners of both the petitions shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.

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Both petitions stand disposed off as above.

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Order Date :- 5.3.2020 Meenu

Santosh Kumar Mishra and 4 Others v. State of U.P. and 2 Others

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Santosh Kumar Mishra and 4 Others v. State of U.P. and 2 Others

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