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Sachin Kumar (Husband)And 4 … vs State Of U.P. And 2 Others on 20 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4924 of 2020

Petitioner :- Sachin Kumar (Husband)And 4 Others

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

Counsel for Petitioner :- Brij Raj Singh

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

By means of this petition, the petitioners Sachin Kumar (husband), Mahesh Chandra (grand father-in-law), Shitala Devi (mother-in-law), Nitin (devar) and Dolly (nanad) have prayed for quashing of the impugned FIR dated alongwith stay of arrest in Case Crime No. 0005 of 2020, under sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mainpuri.

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 FIR and the averments made in the present writ petition that the marriage of petitioner no.1 with the respondent no.3 was solemnized on 28.4.2018. It is further pleaded that petitioner nos.2 to 5 are grand father-in-law, mother-in-law, brother-in-law (devar) and sister-in-law (nanad) of the respondent no.3 respectively. It is further pleaded that the impugned FIR 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. From the wedlock of the petitioner no. 1 and the respondent no. 3 one male child was born. It further transpires from the para nos. 17 and 18 of the writ petition that the respondent no. 3 is still living with the petitioners even after lodging of the present First Information Report on the direction of Police of Police Station Mahila Thana, District Mainpuri. Though the allegations have been levelled against all the petitioners but it appears to be an exaggerated one against the in-laws of the respondent no.3 who are petitioner nos.2 to 5.

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. 0005 of 2020, under sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mainpuri 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 :- 20.4.2020

Naresh

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

 

 

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