Partly allowed

Swati Tyagi and Another v. State of U.P. and 3 Others

Allahabad HC16 May 2018CRLP/3280/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous Writ Petition filed to quash an FIR under Section 366 IPC alleging kidnapping in a consensual marriage. The court quashed the FIR and directed the police to investigate fairly while restricting coercive action against the petitioners pending the police report.

What did the court decide?

Quashed the impugned FIR and prohibited coercive action against petitioners until submission of police report under Section 173(2) Cr.P.C.

Swati Tyagi and Another Vs State of U.P. and 3… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3280 of 2018

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Petitioner :- Swati Tyagi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujata Choudhary,Mohit Kumar Singh 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.0094 of 2018, under Sections 366 I.P.C., Police Station- Brahampuri, District Meerut.

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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.4.

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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

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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 .

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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

Swati Tyagi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Swati Tyagi 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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