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Indresh Kumar And 3 Others vs State Of U.P. And 2 Others on 17 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4888 of 2020

Petitioner :- Indresh Kumar And 3 Others

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

Counsel for Petitioner :- Ravindra Kumar Mishra,Dinesh Mishra

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

By means of this petition, the petitioners Indresh Kumar, Harikesh Sharma, Geeta Devi and Manju [email protected] have prayed for quashing of the impugned FIR dated 13.2.2020 alongwith stay of arrest in Case Crime No. 0036 of 2020, under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Manda, District Prayagraj.

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 appears from the F.I.R. and the pleadings made in the present writ petition that the marriage between the petitioner no. 1 and the respondent no. 3 was solemnized on 28.2.2017. It further appears from the F.I.R. and the pleadings made in the present writ petition that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of her husband containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. It further transpires from para-12 of the writ petition that the petitioner no. 1 has filed a marriage petition being Marriage Petition No. 2213 of 2019, under Section 9 of Hindu Marriage Act for restitution of conjugal right on 17.12.2019, copy of which has been annexed as annexure no. 2 to the writ petition. It also transpires from the pleading made in para 16 of the writ petition that this is a case no no injury and as per para-18 of the writ petition, the petitioner have no criminal history except the present case.

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. 0036 of 2020, under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Manda, District Prayagraj 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 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 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 :- 17.4.2020

Naresh

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

 

 

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