Allahabad High Court
Pradeep Mishra @ Ravi Mishra And 3 Others vs State Of U.P. And 2 Others on 20 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 11305 of 2020 Petitioner :- Pradeep Mishra @ Ravi Mishra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar,Dharmendra Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Anil Kumar, learned counsel for the petitioners, Ms. Anjali Upadhyay, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
An exemption application has been filed on behalf of the petitioners along with present petition for exempting the filing of certified copy of the F.I.R. as it could not be made available to the petitioners due to COVID-19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 26.2.2020 registered as case crime no. 123 of 2020 under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station City Kotwali, District Shahjahanpur.
It has been submitted by the learned counsel for the petitioners that petitioner no. 1 is the husband of respondent no. 4. Their marriage was solemnized in the year 2014. Thereafter the impugned FIR has been lodged by the respondent no. 4 roping in the entire family of her husband, petitioner no. 1 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 has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.
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, Pradeep Mishra @ Ravi Mishra, Omprakash Mishra, Smt. Pushpa Mishra and Smt. Shalini Mishra 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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer 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, before the concerned Court/Authority/Official.
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 :- 20.10.2020 Shiraz