Allahabad High Court
Vipin Kumar @ Vipin Kumar Sharma And 3 ... vs State Of U.P. And 3 Others on 6 August, 2020
Bench: Pankaj Naqvi, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7595 of 2020 Petitioner :- Vipin Kumar @ Vipin Kumar Sharma And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Jaiswal Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Rajeev Misra,J.
Heard Sri Abhishek Kumar Jaiswal, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 28.06.2020 registered as Case Crime No. 29 of 2020, under Sections 498-A, 323, 504, 506, 354, 354-B, 376, 511 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Meerut.
It is submitted by the learned counsel for the petitioners that petitioner No. 1 is the husband of the victim, petitioner nos. 2 and 3 are her in-laws and petitioner no. 4 is her brother-in-law, matrimonial dispute erupted between the couple on account of which she left her matrimonial house and when petitioner no. 1 repeatedly requested parents of the victim to send her back, she got infuriated and lodged the impugned F.I.R. on false and mischievous allegations, as also allegations of sexual assault is highly exaggerated, no offence is made out, F.I.R. be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
So far as petitioner no. 1 is concerned, the writ petition is dismissed.
However, we dispose of this writ petition with regard to petitioner nos. 2, 3 and 4 with the direction that investigation of the aforesaid case shall go on but the petitioner nos. 2, 3 and 4 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.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).
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 :- 6.8.2020 HSM