LAWS(UTN)-2017-8-27

HARISH @ SONU Vs. STATE OF UTTARAKHAND & OTHERS

Decided On August 02, 2017
Harish @ Sonu Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner for quashing the F.I.R. dated 05.04.2017, registered as Case Crime No.214 of 2017, under Section 306 I.P.C., registered at Police Station Kotwali Nagar Haridwar, District Haridwar.

(2.) Allegation against the petitioner in the F.I.R. lodged by the respondent no.3 (complainant) is that petitioner and his family members killed the daughter of the complainant due to dowry demand.

(3.) Learned counsel for the petitioner submitted that the petitioner has falsely been implicated crime. He submitted that, in fact, from the bare perusal of the impugned F.I.R., offence under Section 306 I.P.C. is not made out against the petitioner and the petitioner cannot be convicted under the said Section. Further, the impugned F.I.R. is delayed one. He submitted that, in such circumstances, interim protection should be granted to the petitioner.