HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. WRIT PETITION No. – 4946 of 2020
Petitioner :- Mohd. Farman And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Anil Kumar Ojha
Counsel for Respondent :- G.A.
Hon’ble Ramesh Sinha,J.
Hon’ble Samit Gopal,J.
By means of this petition, the petitioners have prayed for quashing of the impugned FIR dated 13.2.2020 alongwith stay of arrest in Case Crime No.0063 of 2020, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Hayatnagar, District Sambhal.
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.
It transpires from the averments made in paragraph no.5 of the writ petition that the marriage between the petitioner no.1 and respondent no.3 was solemnized on 3.9.2018. It is further averred in paragraph no.6 that the impugned FIR has been lodged by the respondent no.3 with respect to an incident dated 12.2.2020 roping in the entire family of her husband, i.e., petitioner no.1 containing absolutely false, concocted, vague and sweeping allegations against them. It is further averred in paragraph no.9 that it is a case of no injury.
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 petitioners shall not be arrested in Case Crime No.0063 of 2020, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Hayatnagar, District Sambhal 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 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 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.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 21.4.2020/NS