Disposed

Arti Devi and 5 Others v. State of U.P. and 2 Others

Allahabad HC9 May 2018CRLP/2718/2018

Case brief

AI extract

What is this about?

The court disposed of a petition for quashing an FIR arising from a matrimonial dispute. Relying on settled law that the FIR would serve no purpose since the parties are married and living happily, the court granted interim relief preventing any arrest or coercive action until the police submit their report.

What did the court decide?

Implicit restraint on coercive action and arrest against petitioners till submission of police report

Arti Devi and 5 Others Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2718 of 2018 Petitioner :- Arti Devi And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivanshu Kashyap,Ram Lakhan Kashyap Counsel for Respondent :- G.A.

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

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Heard the learned counsel for the parties.

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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 20.12.2017 registered as Case Crime No.0537 of 2017, under Sections 363, 366 I.P.C., Police Station Bhamaura, District Bareilly.

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In view of the office report dated 18.04.2018, the service of notice upon respondent no.3 is deemed to be sufficient.

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Perusal of interim order dated 06.02.2018 shows that victim girl and the boy are major and they have also solemnized their marriage without any threat and coercion and they are living happily as husband and wife.

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Thus, in view of the facts and circumstances of the case 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 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 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

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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.

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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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The aforesaid order has been passed by the consent of all the learned counsel for the parties concerned.

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It has been further informed that after the grant of interim order dated 06.02.2018, Sections 504 IPC and Section 3(1)(2) and 3(1) Da and Dha of SC/ST Act have also been included.

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In view of the earlier interim order dated 06.02.2018 it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioners will not be arrested in added Sections 504 IPC and Section 3(1) (2) and 3(1) Da and Dha of SC/ST Act also.

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Order Date :- 9.5.2018 VKG

Arti Devi and 5 Others v. State of U.P. and 2 Others

Case brief

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Arti Devi and 5 Others v. State of U.P. and 2 Others

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