SUDEEP SONI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been made to get an order of quashing of the First Information Report (hereinafter called as F.I.R.) dated 26th October, 2005 lodged by one Sri Ghanshyam Das, respondent No. 4 herein at the sub police station Sitapur, Police Station Karvi, District Chitrakoot, Uttar Pradesh. In pursuance thereof Moqudma Reference No. 39/2005, Case Crime No. 298/2005 under Sections 498 A/326/307/506 of the Indian Penal Code (hereinafter called as I.P.C.) and Section 3/4 of Dowry Prohibition Act has been registered.

(2.) The complainant's case is that on 24th January, 2005 the petitioners i.e., husband, mother-in-law, father-in-law and sister-in-law burnt out complainant's daughter with the help of kerosene oil due to refusal of the demand of dowry. He further stated that a wrong statement was taken from her daughter in respect of burning out at the time of preparation of tea. This incident took place at the residence of the petitioners at village Raghunathganj, Police Station Laur, Reewa, Madhya Pradesh. The complainant said that he had apprehension of murder there and for the said reason he did not lodge F.I.R. in the local police station. Thus he filed F.I.R. at the aforesaid police station in Uttar Pradesh.

(3.) The petitioner's case is that on 24th January, 2005 when the victim went to prepare tea, she opened the L.P.G. Gas stove and started searching match box. Thereafter when she lit a match stick, fire caught which resulted burn injuries. She was taken to hospital. The father of Petitioner No. 1 as well as Chief Medical Officer gave information to the local police. A statement of the victim was recorded in presence of the Chief Medical Officer on the self same day. Upon reaching there, the complainant submitted an application to the Superintendent of Police, Reewa, Madhya Pradesh making allegations that his daughter was burnt out by the petitioners due to non fulfillment of demand of dowry. An enquiry/inspection was made by the Investigating Officer, who placed the report before the Superintendent of Police, Reewa, Madhya Pradesh on 7th April, 2005 when the same was rejected. Thereafter the victim recovered and started living with her husband at the in-laws house in Madhya Pradesh. On 28th July, 2005 the complainant came to the house of the petitioners and took her daughter to his residence. On 7th September, 2005 petitioner No. 1 went to the house of the complainant to bring back his wife when he refused to send her and proposed the petitioner No. 1 to sell his property in Madhya Pradesh and settle at Karvi, Uttar Pradesh as 'Ghar Jamai' which he did not agree. Out of annoyance, the complainant submitted an application to the Deputy Inspector General of Police (hereinafter called as D.I.G.), Banda on 17th September, 2005 without disclosing the earlier fact. The concerned D.I.G. passed an order for registering a First Information Report on 26th October, 2005 which is impugned herein.