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Bhim Sain Mukhi And 3 Others vs State Of U.P. And 2 Others on 7 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4705 of 2020

Petitioner :- Bhim Sain Mukhi And 3 Others

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

Counsel for Petitioner :- Daya Shanker Pandey

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon’ble The Chief Justice which is available on the official website of this Court.

By means of this petition, the petitioners Bhim Sain Mukhi, Kanta Mukhi, Gaurav Mukhi and Geeta Mukhi have prayed for quashing of the impugned FIR dated 19.2.2020 alongwith stay of arrest in Case Crime No. 70 of 2020, under Sections 498A, 323, 504, 506, 406 I.P.C. and Sections 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad.

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 not placed before the Court any E-Mail received from the learned A.G.A for the State, informant/complainant/aggrieved person regarding any objection with respect to the prayer of stay of arrest of the petitioners.

From the perusal of the averment made in the writ petition it appears to be a matrimonial dispute between the son of the petitioner nos. 1 and 2 and the respondent no. 3. The petitioner nos. 1 and 2 are father-in-law and mother-in-law and the petitioner nos. 3 and 4 are dewar and dewrani of the respondent no. 3 respectively. The present F.I.R. has been lodged against the petitioners along with husband of the respondent no. 3 namely Rajan Mukhi. It also transpires that a divorce suit is pending between the respondent no. 3 and her husband/Rajan Mukhi as stated in paragraph no. 11 of the writ petition. It is a case of no injury. The petitioner no. 1 and the petitioner no. 2 are old aged senior citizens. It further transpires from paragraph no. 17 that the husband of the respondent no. 3 namely Rajan Mukhi has also filed an application under Section 156(3) of Cr.P.C. against his wife/respondent no. 3 and his brother-in-law for offence under Sections 323, 447, 448, 452, 504,506 I.P.C. on 10.1.2020 and thereafter, the impugned F.I.R. has been lodged as a counterblast by the respondent no. 3 against the petitioners and her husband.

After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in para no. 17 of the petition, we are of the considered opinion that the petitioners shall not be arrested in Case Crime No. 70 of 2020, under Sections 498A, 323, 504, 506, 406 I.P.C. and Sections 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad 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 State, 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 taken up the present matter and proceeded with it treating to be extremely urgent 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 direction, 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 petitioner(s).

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 :- 7.4.2020

Naresh

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

 

 

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