Allowed

Smt. Sonali Kushwaha and Another v. State of U.P. and 3 Othrs.

Allahabad HC9 May 2018CRLP/19900/2017

Case brief

AI extract

What is this about?

The High Court, exercising powers of certiorari, quashed the impugned FIR registered under Sections 366 and 506 IPC, relying on precedents regarding abuse of process of law. It also issued a restraint order restraining respondents from interfering with or intimidating the petitioners.

What did the court decide?

The impugned FIR registered as Case Crime No. 983 of 2017 under Sections 366, 506, I.P.C. is quashed. All respondents are restrained from interfering with or contacting the petitioners.

Smt. Sonali Kushwaha and Another Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 19900 of 2017 Petitioner :- Smt. Sonali Kushwaha And Another Respondent :- State Of U.P. And 3 Othrs. Counsel for Petitioner :- Om Prakash Singh,Santosh Pathak 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 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 dated 01.09.2017 registered as Case Crime No. 983 of 2017, under Sections 366, 506, I.P.C., Police Station Cantt., District Gorakhpur.

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We have perused the interim order dated 20.09.2017 passed by another Bench of this Court; the record shows that as per the High School Certificate the date of birth of the girl is 25.07.1999, copy of high school mark sheet has been annexed as annexure no.2 to the writ petition; as per office report dated 20.04.2018, notices issued to respondent no.4, is deemed to be sufficient, though one more opportunity was given to the father of the girl to appear before the Court and file a counter affidavit, vide order dated 23.04.2018, however, till date neither any response has been filed by the father of the girl nor anybody has put in appearance on his behalf.

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In view of the facts and circumstances 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, and also in view of the statement made by the victim girl herself before this Court today and 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

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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 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 , no purpose would be served in permitting the investigation to continue in pursuance of impugned FIR. It would be nothing but a sheer abuse of the process of law.

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Accordingly, the writ petition stands allowed. The impugned FIR dated 01.09.2017 registered as Case Crime No. 983 of 2017, under Sections 366, 506, I.P.C., Police Station Cantt., District Gorakhpur, is hereby quashed. Consequences to follow.

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All the respondents are restrained from interfering in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2 and indulging in any act of violence with them. They are also injuncted from trying to contact the petitioners. In case they flout the order passed by this Court today, they will be personally answerable to this Court. The SSP, Gorakhpur will ensure that no hindrance shall be caused in the movement of the petitioners.

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Let a copy of the order be forwarded to the SSP of concerned district through the office of the Government Advocate who after receipt of the order shall ensure the safety of the petitioners and also shall ensure that the all the respondents do not cause any harm or injury to the petitioners.

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Order Date :- 9.5.2018/VKG

Smt. Sonali Kushwaha and Another v. State of U.P. and 3 Othrs.

Case brief

What is this about?

What did the court decide?

Smt. Sonali Kushwaha and Another v. State of U.P. and 3 Othrs.

Case brief

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What did the court decide?

What the court decided

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