Allahabad High Court
Rajendra Devi And 3 Others vs State Of U.P. And 3 Others on 8 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4723 of 2020 Petitioner :- Rajendra Devi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon'ble The Chief Justice which is available on the official website of this Court.
By means of this petition, the petitioners have prayed for quashing of the impugned FIR dated 4.10.2019 alongwith stay of arrest in Case Crime No.135 of 2019, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh 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 petitioner(s).
It appears from the pleadings made in the present writ petition that the petitioners are the in-laws of respondent no.4 who is having matrimonial dispute with her husband Vineet Sharma. The marriage between the respondent no.4 and Vineet Sharma was solemnized on 8.11.2008 and there appears to be a divorce suit already pending between them before the Principal Judge, Family Court, Moradabad which is referred in para no.8 of the writ petition. It is further pleaded that the impugned FIR has been lodged by the respondent no.4 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 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 is further pleaded that the husband of respondent no.4 has already been allowed anticipatory bail by the competent court on 11.11.2019, the said fact is mentioned in para no.10 of the writ petition.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No.135 of 2019, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
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 taken up the present matter and proceeded with it treating to be extremely urgent 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 petitioner(s).
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.
Before we part with the case we express our displeasure while noticing the fact that learned counsel for the petitioners has not taken care to mention the parentage of petitioner no.4 Manoj Sharma but as we have entertained the present petition during peculiar environment, we deem it proper in the interest of justice to pass appropriate order with respect to petitioner no.4 also with the caution to the learned counsel for the petitioners to take care in future while preparing the petition.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 8.4.2020
Gaurav