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Arif And 3 Others vs State Of U.P. And 2 Others on 16 April, 2020


?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4843 of 2020

Petitioner :- Arif And 3 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Sushil Kumar Shukla

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 13.2.2020 alongwith stay of arrest in Case Crime No. 23 of 2020 under sections 498A, 323, 377, 504, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Muzaffar Nagar.

Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.

The office has placed before the Court a written objection received by E-mail from the learned Additional Government Advocate for the State, but no written objection whatsoever of the informant/complainant/aggrieved person with respect to the prayer of stay of arrest of the petitioner has been placed before the Court. The said written objection of the learned Additional Government Advocate is taken on record and considered by the Court.

It appears from the impugned F.I.R. that the marriage between petitioner no. 1 and respondent no. 3 was solemnized in the year 2015 according to Muslim rites and rituals and from their wedlock a male child was born. Petitioner no. 3 is mother-in-law and petitioner nos. 2 and 4 are brother-in-law (Jeth) of respondent no. 3. It has been mentioned in para-9 that after their marriage, the respondent no. 3 resided with petitioner no. 1 for six months only and thereafter she started living in her parental house and did not come back in spite of several efforts were made by petitioner no. 1 to bring her back as she did not live with petitioner no. 1. It is also apparent from para-10 that during the period when respondent no. 3 was living at her parental home, the petitioner no. 1 bear all expenses of her and the child but when she deny to live with him, he stopped the said expenses, hence she lodged the F.I.R. of the present case levelling false and frivolous allegation against petitioner no. 1 and his family members. So far as allegation for the offence under section 377 I.P.C. is concerned, it has been made against the husband-petitioner no. 1, who has pleaded his case in para-17 f the present petition.

After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the petition, we are of the considered opinion that the petitioner shall not be arrested in Case Crime No. 23 of 2020 under sections 498A, 323, 377, 504, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Muzaffar Nagar till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.

It is made clear that it will be open for the informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has proceeded to take up the present matter during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon’ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.

With the aforesaid directions, this petition is finally disposed of.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

(Samit Gopal, J.) (Ramesh Sinha, J.)

Order Date :- 16.4.2020




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