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2025 DAILYLAW 43873 (ALL)

SMT. MAHESHWARI DWIVEDI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/7972/2025 · 2025-04-23

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62542-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7972 of 2025 Petitioner :- Smt. Maheshwari Dwivedi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Shri Devesh Kumar Singh, learned counsel for the petitioners and Shri Rahul Asthana, learned AGA for the State. 2. The writ petition has been filed praying for quashing the F.I.R. dated 31.03.2025 giving rise to Case Crime No. 0076 of 2025, under Sections 80, 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, 1961 at Police Station- Sen Paschim Para, District- Kanpur Nagar. 3. Submission of learned counsel for the petitioners is that petitioners herein are mother-in-law and father-in-law of the deceased and they are aged about 75 years and 73 years and it is a case of hanging as reflected from ante-mortem injuries shown in the postmortem report. 4. It is submitted that the petitioners have been falsely implicated, whereas the husband has already been arrested and is in jail since 31.03.2025. 5. Per contra, learned AGA submits that a cognizable offence has been made out. The deceased has suffered unnatural death inside the matrimonial house within three years of her marriage and therefore, it cannot be said that no cognizable offence is made out. 6. We have gone through the impugned first information report as well as postmortem report and we find substance in the argument of learned AGA. 7. Therefore, 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. 8. The writ petition is, accordingly, dismissed. 9. However, at this stage, learned counsel for the petitioners submitted that as the petitioners are old aged persons, therefore, they may be granted some protection. It is, therefore, observed that in case, petitioners apply for bail, they shall be at liberty to claim benefit under Section 480 of BNS. Order Date :- 24.4.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad