Disposition of Criminal Misc. Writ Petition seeking quashing of an FIR registered under Dowry Prohibition Act and IPC sections alleging dowry death. Court rejected the prayer as no medical papers disclosed natural death, disproving the defence of natural cause, leaving investigation required.
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Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2800 of 2021
Petitioner :- Ghanshyam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Tiwari,K.S. Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 29.12.2020 registered as Case Crime No.225 of 2020, under Sections 498-A, 304-B, 504, 506 IPC; and Section 3/4 of the D.P. Act, P.S. Nizamabad, District Azamgarh.
The allegation in the impugned first information report, which has been lodged through an application under Section 156(3) Cr.P.C., is that the informant's daughter was being harassed by the accused for demand of dowry. It is alleged that one day information was received that informant's daughter is seriously ill. By the time informant's son could reach, her body had been cremated. By making allegations that she has been killed by the accused in connection with dowry, the FIR was lodged through an application under Section 156(3) Cr.P.C.
The learned counsel for the petitioner submits that the petitioner is Chachiya Sasur (uncle-in-law) of the deceased and had separate living but has been falsely implicated by the informant only to exert pressure and extract a compromise.
Be that as it may, it is not in dispute that the deceased died within 7 years of her marriage and there are no medical papers brought on record to disclose that she suffered from any ailment therefore, keeping in mind that defence of an accused is not ordinarily to be considered at this stage, as the matter would require investigation, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 5.4.2021 AKShukla/-
2 issues framed by the court
Whether the first information report under Sections 498-A, 304-B IPC relating to dowry death should be quashed at the initiation stage.
Whether the defence of the accused regarding the cause of death is relevant at the stage of quashing the FIR.
Ghanshyam
State Of U.P.
2 Others
Manoj Misra
Rohit Ranjan Agarwal
As recorded by the court registry
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