Hon'ble Deepak Verma,J.
Sri Amit Krishna, learned counsel for the petitioners, Sri Amit Sinha learned counsel for the State and Sri Shashank Mishra for respondent no. 4.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 03.10.2020 in respect of Crime No. 0493 of 2020 for the offence under Sections 498A, 307, 323, 504, 506 I.P.C. and Section 3 & 4 of Dowry Prohibition Act, P.S. Nakasha, District Sambhal.
Learned counsel for the petitioners submits that the complainant party was the assailant, who came to the house of the petitioners and assaulted as many as eight persons for which the report was lodged on 01.10.2020. He submits that as a counter blast, present FIR has been lodged by the complainant Balbir Singh making all sort of frivolous allegations against the entire family including lady members. It has been argued that medical report of the petitioners would show as to the manner in which they have been assaulted by the opposite party.
On instructions learned counsel for the petitioners, wants to withdraw this petition with liberty to file appropriate application by petitioners seeking anticipatory bail before the Sessions Court. He further submits that in the eventuality of filing any such application by petitioners, the Sessions court be directed to decide the same expeditiously considering all the aspects of the case including the fact that both the petitioners are lady and if arrested, would suffer irreparable loss.
Opposing this submission, it has been argued on behalf of the complainant that though first FIR was lodged by the petitioners party but in the said FIR, number of incorrect allegations have been levelled. He submits that once petitioners have taken participation in the incident, they are required to be dealt in accordance with law.
Be that as it may, petition is, accordingly, dismissed as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any anticipatory bail application by the petitioners, the Sessions Court may decide the same expeditiously in accordance with law considering all the aspects of the case including the fact that the petitioners are ladies.
It is made clear that this Court has not expressed any opinion on the merits of the case and the Sessions 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 :- 12.2.2021 SKD/SK