Allahabad High Court
Atul Tiwari And 4 Ors vs State Of U.P. And 3 Ors on 24 June, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6352 of 2020 Petitioner :- Atul Tiwari And 4 Ors Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Pankaj Kumar Gupta, learned counsel for the petitioners, Smt Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 23.05.2020 registered as Case Crime no. 0082 of 2020, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Aata, District Jalaun.
It transpires from the FIR and the averments made in the present writ petition that the marriage of petitioner no. 1 with respondent no. 4 namely Smt Akanksha Tiwari was solemnized on 09.03.2015. It is further pleaded that petitioner nos. 2 & 3 are mother-in-law and father-in-law and petitioner nos. 4 & 5 are brother-in-law (Devar) of respondent no. 4 respectively. It is further pleaded that the impugned FIR has been lodged by the respondent no. 4 roping the name of petitioner no. 1 and his entire family members containing absolutely false, concoted, vague and sweeping allegations levelled against them that they were demanding dowry from her and her parents. Though the allegations have been levelled against all the petitioners but it appears to be an exaggerated one against the in-laws of respondent no. 4 who are petitioner nos. 2 to 5.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Atul Tiwari, Smt. Munni Tiwari, Shailendra Tiwari, Shivam Tiwari and Satyam Tiwari, shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it 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 the 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 :- 24.6.2020 AS Rathore