PRADEEP TRIPATHI Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2007-5-446
HIGH COURT OF ALLAHABAD
Decided on
May 14,2007
Pradeep Tripathi
Appellant
VERSUS
State of U.P. and others
Respondents
Referred Judgements :-
ASHOK KUMAR DIXIT V. STATE OF U.P. [REFERRED TO]STATE OF U.P. V ABDUL SHARIF [REFERRED TO]
STATE OF HARYANA AND OTHERS V. CH.BHAJAN LAL [REFERRED TO]
CHANCHAL KUMARI VS. UNION TERRITORY CHANDIGARH [REFERRED TO]
CHANDDHAWAN VS. JAWAHARLAL [REFERRED TO]
JOGINDER KUMAR VS. STATE OF UTTAR PRADESH [REFERRED TO]
PEPSI FOODS LIMITED VS. SPECIAL JUDICIAL MAGISTRATE [REFERRED TO]
SHAMA PRASHANT RAJE VS. GANPATRAO [REFERRED TO]
OUSEPH MATHAI VS. M ABDUL KHADIR [REFERRED TO]
SANJU SANJAY SINGH SENGAR VS. STATE OF MADHYA PRADESH [REFERRED TO]
ESSEN DEINKI VS. RAJIV KUMAR [REFERRED TO]
SADHANA LODH VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
B S JOSHI VS. STATE OF HARYANA [REFERRED TO]
STATE VS. NAVJOT SANDHU alias AFSHAN GURU [REFERRED TO]
DWARKA PRASAD AGARWAL VS. B D AGARWAL [REFERRED TO]
UNION OF INDIA VS. PRAKASH P HINDUJA [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
STATE OF MADHYA PRADESH VS. AWADH KISHORE GUPTA [REFERRED TO]
RANJEET SINGH VS. RAVI PRAKASH [REFERRED TO]
STATE OF ORISSA VS. NIRANJAN MOHAPATRA [REFERRED TO]
HARJIT SINGH VS. STATE OF PUNJAB [REFERRED TO]
DHARM RAJ YADAV AND OTHERS VS. STATE OF U.P. AND OTHERS [REFERRED TO]
JUDGEMENT
Amitava Lala, J. -
(1.)This writ petition is made for the purpose of quashing the First Information Report (hereinafter called as F.I.R.) registered under case Crime No. 49 of 2005 under Sections 498-A/304-B, I.P.C. lodged on 24th Feb., 2006 by the respondent no.4 at Police Station Nawabganj, District, Kanpur Nagar and not to arrest the petitioner or take any action against the petitioner on the basis of such F.I.R. along with incidental prayer in connection thereto.
(2.)In brief, facts of the case is described herein. The petitioner and the daughter of respondent no.4 were happily married couple. A male child was born by their wedlock. The petitioner is socially and financially well established. There is no question of any harassment by the petitioner to his wife i.e. the daughter of respondent no.4 after marriage. But when sister of the wife became widow and wanted to adopt the petitioner's son, quarrel took place. In the morning of the fateful day i.e. on 31st Jan., 2006 when the petitioner left the house after exchange of words, he got a telephone call that his wife out of irritation took poison and the condition is deteriorating. He came back and hospitalized his wife, but she could not survive.
(3.)An F.I.R. was lodged after about 24 days from the date of occurrence just to pressurise the petitioner to hand over the child to the sister of the petitioner's wife as desired by the petitioner's wife in the suicide note. The F.I.R. is totally baseless. There is no iota of material evidence. No such relationship arose between him and his wife during the tenure of marriage, which can lead to a situation of committing suicide.
(2.)In brief, facts of the case is described herein. The petitioner and the daughter of respondent no.4 were happily married couple. A male child was born by their wedlock. The petitioner is socially and financially well established. There is no question of any harassment by the petitioner to his wife i.e. the daughter of respondent no.4 after marriage. But when sister of the wife became widow and wanted to adopt the petitioner's son, quarrel took place. In the morning of the fateful day i.e. on 31st Jan., 2006 when the petitioner left the house after exchange of words, he got a telephone call that his wife out of irritation took poison and the condition is deteriorating. He came back and hospitalized his wife, but she could not survive.
(3.)An F.I.R. was lodged after about 24 days from the date of occurrence just to pressurise the petitioner to hand over the child to the sister of the petitioner's wife as desired by the petitioner's wife in the suicide note. The F.I.R. is totally baseless. There is no iota of material evidence. No such relationship arose between him and his wife during the tenure of marriage, which can lead to a situation of committing suicide.
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