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Allahabad High Court · body

2016 DIGILAW 1542 (ALL)

Ashish Sharma v. State of U. P.

2016-04-25

BALA KRISHNA NARAYANA, SHASHI KANT

body2016
JUDGMENT Heard the learned counsel for the petitioner, learned A.G.A. for the State and Sri Jagdish Prasad Mishra, Advocate for the respondent no.3. 2. This petition has been filed by the petitioner with a prayer to quash the impugned FIR, registered as Case Crime No. 174 of 2016, under Section 306 IPC, Police Station - Civil Lines, District Muzaffar Nagar. 3. It is submitted by learned counsel for the petitioner that even if the allegations made in the FIR are taken on their face value and accepted to be true, the same do not disclose that the petitioner had abetted the deceased to commit suicide and therefore, the impugned FIR is liable to be quashed. It is further submitted by learned counsel for the petitioner that apart from the bald allegations made in the impugned FIR, no credible evidence whatsoever is forthcoming even prima facie indicating the complicity of petitioners in the offence in question and therefore, the impugned FIR is liable to be quashed. 4. Per contra, learned A.G.A. for the State and Sri Jagdish Prasad Mishra, learned counsel for the respondent no.3 submitted that the petitioner and his family members harassed the victim to such an extent that she was compelled to commit suicide and hence it cannot be said that on the basis of the allegations made in the FIR, no offence against the petitioner is made out and the impugned FIR is not liable to be quashed at this stage. 5. After having heard learned counsel for the parties and perused the material brought on record including the impugned FIR, we are not inclined to quash the impugned FIR. 6. However, considering the submission made by learned counsel for the parties, allegations made in the impugned FIR, the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P., 1994 Cr.L.J., 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during pendency of the investigation. With the above direction, this petition is finally disposed of.