- (1.) Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for O.P. No. 2. Perused the records.
(2.) The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the cognizence order dated 20.1.2001 passed by the C.J.M. Varanasi, in Case No. 255 of 2001, State Vs. Ravi Kumar and others, arising out of Case Crime No. 113 of 2000, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Cantt., district Varanasi.
(3.) The contention of learned counsel for the applicants is that the applicants are innocent and O.P. No. 2 has lodged a false FIR against them with a delay of three weeks without any plausible explanation for the same. Learned counsel has drawn the attention of this court to the dying declaration of the deceased, copy whereof has been annexed as Annexure no. 6 to the affidavit filed in support of the application, which shows that the deceased has clearly stated that while boiling milk for her child she accidentally caught fire and at that time no family member was present at home, however, her mother-in-law reached there and extinguished the fire. The further submission of learned counsel for the applicant is that the aforesaid dying declaration has been recorded in accordance with law by the Settlement Officer of Consolidation, Varanasi, after the Medical Officer, S.S.P.G. Hospital, Varanasi, certified that the patient remained conscious during and after such statement. It is next submitted by learned counsel for the applicant that prior to the lodging of the FIR the husband of the deceased had sent an information through speed post on 22.2.2000 to the police of P.S. Cantt., Varanasi, informing about the said occurrence, copy whereof has been annexed as Annexure no. 10 to the affidavit. Learned counsel has submitted that in view of the above facts, there is absolutely no possibility of conviction of the applicants and the criminal proceedings against the applicants will not only amount to a futile exercise but an abuse of the process of the court and sheer wastage of the precious time of the litigants, their counsel and the Court, hence the cognizance order and the entire proceedings of the case initiated in pursuance thereof be quashed.;