Allahabad High Court
Smt. Tara Devi And Another vs State Of U.P. And 2 Others on 10 July, 2020
Bench: Pankaj Naqvi, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6695 of 2020 Petitioner :- Smt. Tara Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Deepak Verma,J.
Supplementary affidavit annexing therewith an order of bail dated 25.10.2019 releasing the husband of respondent no.3 is taken on record.
Heard Sri Kandarp Srivastava, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 30.9.2019, registered as Case Crime No.256/2019, under Sections 498-A/377/323/452/307 IPC and 3/4 D.P. Act, P.S. Baldeo, Mathura.
Learned counsel for the petitioners submits that it's an offshoot of a matrimonial dispute, a case of no injury, allegations under Sections 307/376 IPC are malafidely motivated for ulterior motives coupled with the fact that a divorce petition is pending between the parties, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR 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 petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners 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.
With this direction, this petition is finally disposed of.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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 :- 10.7.2020 Chandra