Allahabad High Court
Ashgari Begum And 7 Others vs State Of U.P. And 3 Others on 5 November, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 12057 of 2020 Petitioner :- Ashgari Begum And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Farooque Ansari Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Mohammad Farooque Ansari, learned counsel for the petitioners and Mrs. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 18.08.2020 along with stay of arrest in Case Crime No. 320 of 2020 under Sections 498-A, 323, 504, 506 IPC & Section 3/4 D.P. Act, 1961 and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 at Police Station Delhi Gate, District Aligarh.
Learned counsel for the petitioners submits that the husband of respondent no.4 namely Haider Ali has already been arrested and has been granted bail before the competent court in the present case. He further submits that the petitioners are the in-laws of the respondent no.4. It is further pleaded that petitioner no.1 is mother-in-law, petitioner nos. 2 to 6 are devar and petitioner nos. 7 & 8 are nand of respondent no. 4 respectively. It is further pleaded that the impugned FIR has been lodged by the respondent no. 4 roping the name of her in-laws containing absolutely false, concocted, vague and sweeping allegations levelled against them that they were demanding dowry from her and her parents. Though the allegations have been levelled against all the petitioners.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Smt. Ashgari Begum, Mansoor, Mashooq, Aftab, Arshad, Ashraf, Smt. Abida and Smt. Sanno Begum shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court but shall co-operate with the investigation of the case.
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.
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 :- 5.11.2020
M. ARIF
(Samit Gopal, J.) (Ramesh Sinha, J.)