High CourtsSingle Bench

S.N. Singh and Lakiya Devi vs State of Uttarakhand and Dharmendra Yadav

Uttarakhand High Court · Decided on 23 February 2011 · Citation: (2011) 02 UK CK 0026

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Penal Code, 1860 (IPC) — Section 304
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 120 of 2011

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Judgment

5 paragraphs · 172 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioners 2 have sought quashing of the first information report registered as crime No. 42 of 2011, relating to offence punishable u/s 304 IPC, Police Station Ranipur, District Haridwar.

3.

Learned Counsel for the Petitioner submitted that Petitioners are innocent. There was already a compromise between the parties to matrimony and it cannot be said that the deceased was subjected to harassment for non fulfillment of demand of dowry. Perusal of the first information report and other papers on record shows that the deceased was beaten and had suffered ante-mortem injuries due to which she died of shock and hemorrhage.

4.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that it is not a fit case of interference with the investigation of the case.

5.

The writ petition is dismissed summarily. (Stay application No. 1175 of 2011, stands dismissed).