LAWS(ALL)-2018-3-154

SHASHI BALA Vs. STATE OF U P

Decided On March 13, 2018
SHASHI BALA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Hitsh Pachori, learned counsel for the petitioners, Sri R.K.Mishra, 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 petitioners with a prayer to quash the FIR dated 7.3.2018 registered as Case Crime No.197 of 2018, under Sections 498A, 323, 504, 307, 511 I.P.C. and Section 3/4 D.P.Act, Police Station Sikandra, District Agra.

(3.) Learned counsel for the petitioners submits that the petitioners are mother-in-law and nanad of respondent no.4 and they have been falsely implicated in the present case. He further submits that the marriage between the son of petitioner no.1, namely, Kumar Gaurav and respondent no.4 was solemnized in the year 2016. Admittedly, husband of respondent no4 has not been made an accused in the FIR by respondent no.4.He further submitted that the impugned FIR has been lodged by the respondent no.4 containing absolutely false, concocted, vague and sweeping allegations against the petitioners that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home.He argued that the injuries which is said to have been sustained by the victim appears to be superficial and can be self inflicted. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.