HIGH COURT OF JUDICATURE AT ALLAHABAD
?In Chamber
Case :- CRIMINAL MISC. WRIT PETITION No. – 4818 of 2020
Petitioner :- Shubham Gupta @ Sany And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailendra Kumar Tripathi
Counsel for Respondent :- G.A.
Hon’ble Ramesh Sinha,J.
Hon’ble Samit Gopal,J.
By means of this petition, the petitioners Shubham Gupta@Sany, Rajendra Kumar Gupta@Raju and Smt. Sunita Guptat have prayed for quashing of the impugned FIR dated 26.2.2020 alongwith stay of arrest in Case Crime No. 40 of 2020 under sections 498A, 323, 504, 506, 377 I.P.C. Sections 3/4 Dowry Prohibition Act, police station Kakadev, District Kanpur Nagar.
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 appears from the FIR and the averments made in the present writ petition that the present dispute appears to be a matrimonial in nature between the petitioner no. 1 and the daughter of the respondent no. 4 namely Komal Gupta. The petitioner nos. 2 and 3 are father-in-law and mother -in-law of the daughter of respondent no. 4 respectively. It further transpires from para-13 of the writ petition that the petitioner no. 1 has also filed a suit being Suit No. 585 of 2019 (Shubham Gupta vs. Smt. Komal @ Kanak) for restitution of conjugal right on 23.12.2019, copy of which has been annexed as annexure no. 2 to the writ petition. The allegations of unnatural sex are wild allegations with ulterior motive without any basis whatsoever.
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. 40 of 2020 under sections 498A, 323, 504, 506, 377 I.P.C. Sections 3/4 Dowry Prohibition Act, police station Kakadev, District Kanpur Nagar 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 :- 15.4.2020
Naresh
(Samit Gopal, J.) (Ramesh Sinha, J.)
