Dismissed

Smt. Karishma and Another v. State of U.P. and 2 Others

Allahabad HC25 May 2018CRLP/15835/2017

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking quashing of an FIR in a child abduction case between consenting adults. It issued directions to suspend coercive action, expeditiously investigate the matter considering the victim's age, and submit a report within three months.

What did the court decide?

No coercive action until police report under Section 173(2) Cr.P.C.; police to submit report within three months; liberty given to recall if grievance exists.

Smt. Karishma and Another Vs State of U.P. and 2… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15835 of 2017

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Petitioner :- Smt. Karishma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Sharma,Garun Pal Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard learned counsel for the petitioners and the learned AGA for the State.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 0457 of 2017, under Sections 366 I.P.C., Police Station- Dadri, District Gautam Budh Nagar.

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In view of the office report 16.05.2018 service of notice upon respondent no. 3 is deemed to be sufficient.

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Perusal of the order dated 09.08.2017, shows that petitioners no. 1 and 2 are major and have solemnized marriage out of their own sweet and free will without any fear, threat or coercion; as per high school mark sheet the date of birth of the victim is 07.07.1994.

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In view of the facts and circumstances of the case and with the consent of learned counsel for the parties and keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 , no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-

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(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;

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(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who after keeping in mind the date of birth as mentioned in the high school mark sheet, shall look into the matter and will also look into the question as to whether any further investigation is required or not and thereafter will issue necessary direction to concerned investigating officer;

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(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view the law as laid down by the Division Bench of this Court at Lucknow Bench in the case of Vishal Jaiswal and another v. State of U.P. and others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh v. State

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of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010.

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(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;

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(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.

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The writ petition, accordingly, stands disposed off finally.

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Order Date :- 25.5.2018 Ujjawal

Smt. Karishma and Another v. State of U.P. and 2 Others

Case brief

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Smt. Karishma and Another v. State of U.P. and 2 Others

Case brief

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