Neutral Citation No. - 2025:AHC:31255-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 3647 of 2025 Petitioner :- Toyaj Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Yadav,Vivek Kumar Pal Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 07.06.2024 giving rise to Case Crime No. 102 of 2024, under Sections 498A, 304-B, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Bhadohi, District- Bhadohi. 3. Learned counsel for the petitioner has submitted that the petitioner is brother-in-law of the deceased and as such, the impugned first information report qua against the petitioner is liable to be quashed. 4. Per contra, learned AGA has vehemently opposed the prayer for bail and has drawn the attention of the Court, the post mortem report of the deceased wherein injuries were found on the person of the deceased and thus it appears that she has been subjected to cruelty and has been physically assaulted before her death. It is also submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration, the injuries suffered by the petitioner as noted in the post mortem report and the allegations made in the impugned F.I.R. and the relevant law cited by learned A.G.A. for the State and the fact that impugned F.I.R. prima facie discloses cognizable offence against the petitioner and noting the submissions made by learned AGA, we are of the opinion that impugned first information report can not be quashed. 6. The prayer for quashing the impugned FIR is, therefore, refused. 7. However, in case, the petitioner files an application for anticipatory/ regular bail before the appropriate Court, his bail application be considered and disposed of as expeditiously as possible, in accordance with law. 8. With these observations, the instant writ petition is disposed of. Order Date :- 5.3.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad