Partly allowed

Archana Dubey and Another v. State of U.P. and 3 Others

Allahabad HC24 May 2018CRLP/2306/2018

Case brief

AI extract

What is this about?

A criminal misc. writ petition challenging an FIR under Section 366 IPC was disposed of. The court noted the couple married willingly and are living happily. It stayed coercive action pending the police report under Section 173 Cr.P.C., directing fair investigation within three months and allowing the State to review the necessity of investigation based on the girl's age.

What did the court decide?

Coercive action stayed pending police report under Section 173(2) Cr.P.C. Investigation to be completed within three months. Order stays upon submission of final police report.

Archana Dubey and Another Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2306 of 2018

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Petitioner :- Archana Dubey And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Nath Rai,Ashok Kumar Rai Counsel for Respondent :- GA

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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. 0005/2018, u/s 366 IPC, P.S. Nagar, district Basti.

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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, service of notice upon the private respondent is deemed to be sufficient.

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Perusal of the record shows that the victim girl and the boy 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 and in view of this matter an interim order was passed by another Bench of this Court.

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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. 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 age of the girl as per the relevant documents, 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 the concerned investigation 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 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

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Another vs. State of U.P. and Orthrs 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 off finally.

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Order Date :- 24.5.2018 Anand

Archana Dubey and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Archana Dubey and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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