HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. WRIT PETITION No. – 4891 of 2020
Petitioner :- Masiuzzama @ Saddan And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Anwar Mehdi Zaidi
Counsel for Respondent :- G.A.
Hon’ble Ramesh Sinha,J.
Hon’ble Samit Gopal,J.
By means of this petition, the petitioners [email protected], Fasiuzzama, Wasim, [email protected], [email protected] and Muzahid have prayed for quashing of the impugned FIR dated 4.3.2020 alongwith stay of arrest in Case Crime No. 120 of 2020, under sections 498A, 323, 504, 506 I.P.C. and 4 Muslim Women Marriage Protection Act, 2019, Police Station Hasanpur, Distric J.P. Nagar (Amroha).
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. 4 was solemnized on 27.12.2006. 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. 4 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 the pleading made in the writ petition that out of wedlock of the petitioner no. 1 and the respondent no. 4 three child were born.
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. 120 of 2020, under sections 498A, 323, 504, 506 I.P.C. and 4 Muslim Women Marriage Protection Act, 2019, Police Station Hasanpur, Distric J.P. Nagar (Amroha) 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
(Samit Gopal, J.) (Ramesh Sinha, J.)