Allahabad High Court
Shakila Khatoon vs State Of U P And 2 Others on 14 October, 2020
Bench: Manoj Misra, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 10540 of 2020 Petitioner :- Shakila Khatoon Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vivek Sharma Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents no.1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 27.01.2020 registered as Case Crime No.20 of 2020, under Sections 498-A, 304-B, 323 I.P.C. and Section 3/4 D.P. Act, Police Station- Said Nagli, District- Amroha.
The allegation in the impugned First Information Report, which has been lodged by the father of the deceased is that the deceased was married to the son of the petitioner on 24.03.2019 in connection with which dowry was paid. It is alleged that demand for dowry persisted and on 21.01.2020 the deceased was thrown out of her matrimonial home, as a result, she came to her maternal home. Thereafter, on 26.01.2020, the husband of the deceased, namely, the son of the petitioner, along with two unknown persons came to the house of the informant and they took away informant's daughter. She was pregnant at that point of time. On 27.01.2020, at about 11:00 am, in the morning, the informant received an information that his daughter's body is lying at Police Station Said Nagli. It was, thereafter, learnt that she has been shot dead. By naming the husband and the two unknown persons including the family members, the impugned First Information Report has been lodged.
The contention of the learned counsel for the petitioner is that the petitioner is mother-in-law of the deceased and there is no specific allegation against the petitioner and unnecessarily the police is harassing the petitioner. Further, the contention of the learned counsel for the petitioner is that the prosecution case taken in the impugned First Information Report is belied by the post-mortem report of the deceased as it does not disclose gunshot injury on the body though multiple injuries were noticed. But the cause of death ascertained by the doctor is asphyxia as a result of ante-mortem throttling. It has been submitted that the deceased had died in some other circumstances and false allegations have been levelled.
Be that at it may, as the allegations are in respect of taking the deceased from the house of the informant and, thereafter, murdering the deceased, the petitioner being the mother-in-law of the deceased and there being allegations with regard to harassment of the deceased for dowry, the matter would have to be investigated and therefore, the prayer of the petitioner to quash the impugned First Information Report, cannot be accepted.
In view of the above, the petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 14.10.2020 // Krishna*