Allahabad High Court
Pramod Kushwah @ Tinku (Husband) And 8 ... vs State Of U.P. And 3 Others on 4 August, 2021
Bench: Pritinker Diwaker, Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 4976 of 2021 Petitioner :- Pramod Kushwah @ Tinku (Husband) And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devi Dayal Counsel for Respondent :- G.A. Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Devi Dayal, learned counsel for the petitioners and Sri Amit Sinha, learned counsel for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 28.01.2021 in respect of Crime No. 0075 of 2021 for the offence under Sections 498A, 354, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Kasganj, District Kasganj.
Learned counsel for the petitioners submits that the present F.I.R. has been lodged on 28.01.2021 just after a complaint case was filed by petitioner no.1 against the family members of respondent no.4. He submits that not only the nearest relatives have been falsely implicated but distant relatives, who were not even residing with the petitioner no.1 have also been joined as accused. It has been argued that even as on date, there are fair chances of amicable settlement between the parties, however, if any of the petitioner is arrested, chances of compromise would be bleak.
At this stage, learned counsel for the petitioners submits that he may be permitted to withdraw this writ petition with liberty to file anticipatory bail application along with ad-interim anticipatory bail application before the competent court. It has been argued that in the eventuality of filing any anticipatory bail application with application for ad-interim anticipatory bail, the competent court be directed to decide the same expeditiously considering all the aspects of the case.
State counsel has no objection to this proposition.
Petition is, accordingly, dismissed as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any anticipatory bail application along with ad-interim anticipatory bail application by the petitioners, the competent court may decide the same expeditiously in accordance with law considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with 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.
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 :- 4.8.2021 SK