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2025 DAILYLAW 148403 (ALL)

SUNIL KUMAR SAROJ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

CRLP/5785/2025 · 2025-07-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37007-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5785 of 2025 Petitioner :- Sunil Kumar Saroj Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Sarvesh Baranwal,Lovekush Pandey,Shailja Kant Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents. 2. This petition has been filed with the following main prayers:- "i. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned F.I.R. dated 17/06/2025 lodged by Opposite Party No. 5 in Police Station - Udaipur, District - Pratapgarh, Uttar Pradesh registered as FIR No. 0089/2025 under sections- 108 of the B.N.S. (u/s-306 in I.P.C.), contained in Annexure No.1 to the Writ Petition, so far as it relates to the Petitioners. ii. Issue a writ, order or direction in the nature of mandamus thereby commanding the Opposite Parties No. 2, 3 and 4 not to arrest /harass the Petitioners in connection with the impugned F.I.R. dated 17/06/2025." 3. For the orders proposed to be passed issuance of notice to private respondent no. 5 is dispensed with. 4. It is the case of the petitioner that the petitioner has been falsely implicated in the impugned FIR which mentions a false promise of marriage being made by the petitioner to the daughter of the complainant. On 15.06.2025, it has been alleged in the FIR that the petitioner had refused to marry the daughter of the informant as a result thereof she committed suicide by taking poison. She was taken to AIIMS, Raebareli for treatment but she died. 5. It has also been argued by learned counsel for the petitioner that the allegation in the FIR is false and no specific proximity has been shown between the alleged false promise of marriage that might lead to a conclusion of the petitioner abetting the suicide of the daughter of the informant. 6. From a perusal of the FIR, this Court finds a cognizable offence is made out of abetment of suicide. Whether the petitioner was involved in extending the false promise of marriage and then refusing to keep such promise which lead to the death of the daughter of the informant is a question of evidence that can be evaluated by the Trial Court. 7. Accordingly, the petition stands dismissed. Order Date :- 1.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench