HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. WRIT PETITION No. – 4994 of 2020
Petitioner :- Arun Kumar Gupta And 9 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Yash Pratap Singh,Birendra Singh
Counsel for Respondent :- G.A.
Hon’ble Ramesh Sinha,J.
Hon’ble Samit Gopal,J.
By means of this petition, the petitioners Arun Kumar Gupta, Rama Gupta, Moni@Anamika, Deepak Gupta, Chayya Gupta, Ashish Gupta, Shiva Gupta, Neeraj Gupta, Sanjay Gupta and Ketan Gupta, have prayed for quashing of the impugned FIR dated 17.2.2020 alongwith stay of arrest in Case Crime No. 99 of 2020, under sections 498A, 323, 504, 506, 376, 511 I.P.C. and 3/4 D.P. Act, Police Station- Barra, District- Kanpur 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 written objection received from the learned Additional Government Advocate in the present matter, the same is taken on record and considered by the Court.
It transpires from the FIR and the averments made in the present writ petition that the marriage of petitioner no. 1 with the respondent no.4 was solemnized on 16.4.2019. It is further transpires that petitioner nos.2 to 8 are mother-in-law, sister-in-law (jethani), brother-in-law(jeth), brother-in-law (devar), brother-in-law(cousin devar), brother-in-law(cousin devar) and brother-in-law (cousin jeth) respectively while the petitioner no. 9 is father of the petitioner no. 3 and the petitioner no. 10 is brother of the petitioner no. 3. It is further pleaded that the impugned FIR has been lodged by the respondent no.4 roping in the entire family of her husband and relatives containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents. Though the allegations have been levelled against all the petitioners but it appears to be an exaggerated one against the in-laws and other relatives of respondent no. 4 who are petitioner nos.2 to 10. It further transpires from the impugned F.I.R. that allegation of attempt to rape upon the victim has been levelled against Neeraj Gupta, Deepak Gupta, Sanjay Gupta, Ketan Gupta@Aman Gupta and Ashish Gupta, who are the family members of the petitioner no. 1.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the writ petition, we are of the considered opinion that the petitioners shall not be arrested in Case Crime No. 99 of 2020, under sections 498A, 323, 504, 506, 376, 511 I.P.C. and 3/4 D.P. Act, Police Station- Barra, District- Kanpur Nagar till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
With the aforesaid direction, this petition is finally disposed of.
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.
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 person (s) (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.
Order Date :- 22.4.2020
(Samit Gopal, J.) (Ramesh Sinha, J.)