Quashed

Komal and Another v. State of U.P. and 2 Others

Allahabad HC16 May 2018CRLP/3206/2018

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking quashing of an FIR under Section 366 IPC. Finding the petitioners were consenting adults married by free will, the court quashed coercive action pending investigation but directed fair inquiry within three months citing Supreme Court precedents.

What did the court decide?

Coercive action stayed pending police report; direction for fair investigation within three months; liberty to recall if grievance.

Komal and Another Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3206 of 2018

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Petitioner :- Komal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Pratap Singh,Amit Kumar Singh

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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, learned AGA 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.32 of 2018, under Sections 366 I.P.C., Police Station- Shivali, District Ramabai Nagar/ Kanpur Dehat.

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In view of the office report dated 15.05.2018 service of notice is deemed to be sufficient upon respondent no.3.

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In view of the aforesaid, the Court proceeds to hear the matter on merits with the consent of the learned counsel for the parties.

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Perusal of the interim order dated 12.02.2018, which shows that petitioner no.1 and petitioner no.2, both are adult and they have solemnized marriage out of their own sweet and free will without any threat, fear or 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 another v. State of U.P. And others passed

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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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Order Date :- 16.5.2018 Radhika

Komal and Another v. State of U.P. and 2 Others

Case brief

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Komal and Another v. State of U.P. and 2 Others

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