High Court declined to quash an FIR under section 306 I.P.C. alleging abetment of suicide, holding that a cognizable offence is made out. Petitioner advised to seek anticipatory bail.
Prayer for quashing of FIR declined; petitioner may file for anticipatory bail.
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Neutral Citation No. - 2023:AHC:149954-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 11543 of 2023
Petitioner :- Deeksha Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shravan Kumar Pandey,Shyam Narain Pandey Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Sri Shyam Narain Pandey, learned counsel for the petitioner as well as learned A.G.A. and perused the record.
By means of the present petition, the petitioner is assailing the legality and validity of the FIR dated 21.06.2023 registered as Case Crime No.221 of 2023, under section 306 I.P.C., Police Station Bithoor, District Kanpur Nagar.
Submissions made by the learned counsel for the petitioner that FIR was registered by Smt. Malti Devi @ Malti Singh against the petitioner- Deeksha Sharma and one Rishi Verma wherein it is alleged that the informant's son-in-law Rishi Verma is a bad character man and he has extra marital affair with the petitionerDeeksha Sharma.
Perturbed by which, legally wedded wife of Rishi Verma committed suicide by hanging herself.
After reading the entire FIR carefully, we are of the considered opinion that cognizable office is made out against the petitioner and there is no reason or occasion to quash the FIR in exercise of power under Article 226 of the Constitution of India. Hence, the prayer for quashing the FIR is hereby declined and accordingly rejected.
However, if so advised, the petitioner may file anticipatory bail before appropriate forum for redressal of his grievance within next ten days from today.
However, it is made clear that the Court is not expressing any opinion on the merits of the case and learned court concerned is expected to apply its robust judicial discretion in deciding the anticipatory bail as early as possible.
With this observation, the present writ petition is hereby disposed of .
Order Date :- 26.7.2023 Israr/ MT
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
1 issue framed by the court
Whether the FIR registered under section 306 I.P.C. should be quashed in exercise of powers under Article 226 of the Constitution of India.
1 provisions across 1 enactments
Deeksha Sharma
State Of U.P.
2 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
