Sonam @ Sonam Singh @ Sonam Devi v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16398 of 2023 Petitioner :- Sonam @ Sonam Singh @ Sonam Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Anil Kumar, learned counsel for the petitioner and Shri Surendra Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 25.09.2023, registered as Case Crime No. 302 of 2023, under Sections 306 IPC, Police Station Kotwali Nagar, District Hamirpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that petitioner has been falsely implicated by the brother of the deceased whereas the petitioner was legally wedded wife of the deceased and they were living together.

¶4Learned AGA opposed the prayer for quashing of the FIR and submits that deceased had died under unnatural circumstance by consuming poison and there is a suicide note as well, therefore, cognizable offence has been made out.

¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

¶6Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶7The present petition is dismissed. Order Date :- 17.10.2023 Ujjawal High Court of Judicature at Allahabad