Disposed

Usha and Another v. State of U.P. and 03 Others

Allahabad HC23 Mar 2018CRLP/7180/2018

Case brief

AI extract

What is this about?

The court disposed of a petition seeking quashing of an FIR alleging offences under IPC Sections 363 and 366. It directed that the petitioners not be arrested pending the police report under Section 173(2) Cr.P.C., provided they cooperate with the investigation.

What did the court decide?

Petitioners not to be arrested pending submission of police report under Section 173(2) Cr.P.C., subject to cooperation with investigation.

Usha and Another Vs State of U.P. and 03 Others — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7180 of 2018

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Petitioner :- Usha And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Vidya Shanker Pandey Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Sri R.L.Deobanshi, Advocate, has filed his Vakalatnama on behalf of respondent no.4 today in Court, which is taken on record.

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Heard Sr V.S.Pandey, learned counsel for the petitioners, Sri R.L.Deobanshi, learned counsel for the respondent no.4, Ms. Ibha Sinha, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

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This petition has been filed by the petitioners with a prayer to quash the FIR dated 20.1.2018 registered as Case Crime No.15 of 2018, under Sections 363, 366 I.P.C., Police Station Dado, District Aligarh.

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Learned counsel for the petitioners submits that the victim petitioner no.1 as per the Adhar Card is a major girl aged about 20 years. There was love affair between the petitioner nos. 1 and 2 and they have solemnized their marriage on 18.1.2018 in a temple of Hiteshwar Maharajji, District Chandausi and victim petitioner no.2 as on date is living with petitioner no.2. No offence is made out against the petitioners, hence, FIR be quashed.

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Learned counsel for respondent no.4 vehemently opposed the prayer for quashing of the FIR and submitted that the present FIR is the earlier FIR lodged against the petitioner no.2 in which statement of the victim petitioner no.1 has been recorded under Section 164 Cr.P.C. in which she was found to be minor and she has also deposed against the petitioner no.2, but subsequently she again left her parents' house and gone with petitioner no.2, for which another FIR has been lodged against the petitioner no.2on 14.3.2018 for the offence under Sections 363, 366 I.P.C. being Case Crime No.166 of 2018, copy of which has been produced the same is taken on record, but he could not dispute the fact that it is a case of elopement and not a case of taking or enticing away the victim.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

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With the above direction, this petition is finally disposed of.

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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 23.3.2018/NS

Usha and Another v. State of U.P. and 03 Others

Case brief

What is this about?

What did the court decide?

Usha and Another v. State of U.P. and 03 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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