Allahabad High Court
Rekha Tripathi And 4 Others vs State Of U.P. And 2 Others on 4 November, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 11753 of 2020 Petitioner :- Rekha Tripathi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.,Dipak Srivastava Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Rajesh Dwivedi, learned counsel for the petitioners, Sri Dipak Srivastava, learned counsel for the first informant and Sri Gaurav Pratap Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
Medical Papers of the victim filed by learned counsel for the complainant is taken on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 01.09.2020 registered as Case Crime No. 0435 of 2020, under Sections 498-A, 307, 342, 376, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Rura, District Kanpur Dehat.
It has been argued by the learned counsel for the petitioners that the marriage of the petitioner no. 5 with the daughter of respondent no. 3 was solemnized on 17.04.2019 and it is argued that the petitioner no. 1 who is the mother-in-law has disowned her son / petitioner no. 5 who was living separately with his wife and an FIR was lodged by the petitioner no. 1 against her son / petitioner no. 5 and his wife who is the victim of the case for offence under Sections 447, 504, 506, 34 I.P.C., P.S. Rura, District Kanpur Dehat on 10.08.2020. He submitted that it is alleged that the victim was poisoned by all the petitioners and the petitioner no. 4 / brother-in-law had committed rape on the victim and the victim was rushed to the district hospital by her husband. He further submitted that as per the medical papers produced by learned counsel for the complainant it is apparent that it was a suspected case of poisoning and the allegations of rape which has been lodged against the petitioner no. 4 does not bear out from the same as the victim herself has informed at the time of her admission that she has taken some poisonous substance. It is argued that the petitioner no. 4 is posted in Indian Armed Forces at Leh/Laddakh but at the time of incident he had come to celebrate Diwali at his house and the allegation of rape does not borne out from the medical papers.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for quashing of the FIR and submitted that the allegation which has been levelled against the petitioner no. 4 who is the Devar of committing rape on the victim and further from her medical report it is apparent that it is a case of poisoning. Learned counsel for the complainant further submitted that he had applied for further medical examination report of the victim under the RTI Act on 11.09.2020. It is argued that the victim was harassed and tortured by the petitioners for want of dowry.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions :
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 1, 2, 3 and 5 namely, Smt. Rekha Tripathi, Km. Jyoti Tripathi, Km. Shiwangi @ Pooja and Sunny Tripathi respectively shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) So far as the petitioner no. 4 namely, Abhay Tripathi @ Hany is concerned, the petition stand dismissed.
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 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 :- 4.11.2020 AS Rathore (Samit Gopal,J.) (Ramesh Sinha,J.)