High CourtsDivision Bench(2017) 07 AHC CK 0039

Smt. Jagrani [In Fir Smt. Leelwati] vs State Of Up Thru. Prin. Secy. Home Deptt., & Ors.

Allahabad High Court · Decided on 20 July 2017

HON’BLE JUDGES
Ramesh Sinha, Rekha Dikshit
CASE NUMBER
16060 of 2017

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Judgment

6 paragraphs · 284 words
1.

Heard Sri R.K.Tripathi, learned counsel for the petitioner, Sri S.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

2.

This petition has been filed by the petitioner with a prayer to quash the FIR dated 16.5.2017 registered as Case Crime No.77 of 2017, under Sections 498A, 304 B I.P.C. and Section 3/4 D.P. Act, Police Station-Thangaon, District Sitapur.

3.

Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased and has been falsely implicated in the present case. He further submits that the marriage between the son of the petitioner, namely, Sonu and deceased was solemnized ten months prior to the incident and the deceased committed suicide by hanging herself. The cause of death of the deceased is asphyxia as a result of ante-mortem hanging. There is no other antemortem injuries found on the person of the deceased except the ligature mark. He next argued that the husband and other in-laws of the deceased are already confined in jail. The allegation levelled against the petitioner is absolutely false, frivolous baseless. No offence is made out against the petitioners, hence, the FIR be quashed.

4.

Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

5.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but she shall co-operate with the investigation of the case.

6.

With the above direction, this petition is finally disposed of.