Dismissed

Sonali Arjariya and Another v. State of U.P. and 2 Others

Allahabad HC10 May 2018CRLP/1664/2018

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking quashing of an FIR registered under Sections 363 and 366 IPC. The court held that since the marriage was out of free will with no coercion, interim relief was granted barring coercive action until the police report is submitted, while directing fair investigation. Liberty was given to move for recall.

What did the court decide?

No coercive action against petitioners until Section 173(2) Cr.P.C. report; direction for fair and expeditious investigation by police.

Sonali Arjariya and Another Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1664 of 2018

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Petitioner :- Sonali Arjariya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mr Ram Raksha Tiwari,Mr Sandeep Kumar Counsel for Respondent :- GA,Nand Kishor Mishra

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

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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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. 351 of 2017, under Sections 363 and 366 IPC, PS Kulpahar, district Mahoba.

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With the consent of learned counsel for the parties, the instant writ petition is being disposed of.

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In view of the office report dated 26.4.2018/2.5.2018, the service of notice upon respondent No. 3 is deemed to be sufficient.

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We have perused the interim order dated 25.1.2018, which shows that petitioner nos. 1 and 2 are major and they have solemnized their marriage out of their own sweet will without any fear, threat and coercion and they are living happily as husband and wife.

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In view of the facts and circumstances of the case and also keeping in view the law as laid down by the Apex Court while deciding Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P. , decided on 02.08.2013, no purpose would be served in keeping the matter pending before this Court.

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Accordingly, the present writ petition is being disposed of 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

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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 shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with law without any whims, caprice or personal notion of morality;

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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 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 (Lucknow Bench) rendered in the cases 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 vs. State of U.P. and Orthers passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini vs. 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 of finally.

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Order Date :- 10.5.2018 Sumaira

Sonali Arjariya and Another v. State of U.P. and 2 Others

Case brief

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Sonali Arjariya and Another v. State of U.P. and 2 Others

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