Disposed

Smt. Varsha Vishwakarma and Another v. State of U.P. and 4 Others

Allahabad HC11 Apr 2018WRIC/12680/2018

Case brief

AI extract

What is this about?

The court disposed of a writ petition concerning marriage interference and a pending FIR under Section 364 IPC, following the direction given in a similar case Smt. Hema Kumari versus State of U.P. and three others, to protect the petitioners' liberty while adhering to the law.

What did the court decide?

The writ petition is disposed of in terms of the direction given in the case of Smt. Hema Kumari and another versus State of U.P. and three others.

Smt. Varsha Vishwakarma and Another Vs State of… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 27

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Case :- WRIT - C No. - 12680 of 2018

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Petitioner :- Smt. Varsha Vishwakarma And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ratnesh Kumar Pathak Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Ratnesh Kumar Pathak, learned counsel for the petitioner and Shri Moti Lal, learned Standing Counsel for the State-respondent.

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The petitioners claim to have attained majority. The petitioners further assert that they have married of their free will and accord on 6.11.20174. It is alleged that respondent No. 5 is interfering in their peaceful married life.

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Learned Standing Counsel contends that FIR has been lodged in the matter which is registered as Case Crime No. 284 of 2018, under Section 364 IPC, Police Station Cant, District Varanasi. The informant of the aforesaid FIR is respondent No. 5.

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A similar controversy with congruent facts engaged the attention of this Court in the case of Writ-C No. 23558 of 2017 ( Smt. Hema Kumari and another versus State of U.P. and three others ). The relevant extracts of the judgment rendered in Smt. Hema Kumari ( supra ) are reproduced hereunder:

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"Learned counsel for the petitioners prayed that this Court may issue necessary directions in view of the decision of the Supreme Court in Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475.

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On the other hand upon instructions learned Standing Counsel states that in the present matter a F.I.R. has already been registered as Case Crime No. 212 of 2017, under Section 363, 366 and 504 IPC, at Police Station Hasayan, District Hathras.

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If such a FIR has been lodged with the police, it will be open to the petitioners to appear before the concerned Magistrate to record their statements. However, while allegation of commission of offence exists against the petitioner and the same is required to be investigated with all sincerity and taken to it's logical end, uninfluenced by any consideration, except to rationally unravel the truth, yet, it cannot be denied, in the context of our society, at many a time, in such situations, the parties involved, their friends & relatives and at times, some member of the public act in a manner & indulge in acts constituting offence.

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In the aforesaid facts and circumstances, this Court is not inclined to interfere in the matter under Article 226 of Constitution of India. However,

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this order does not in any way dilute the obligation of the State authorities to protect the life and safety of the petitioners and to deal with their liberty strictly in accordance with law, having due regard to the observations made above."

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This writ petition is disposed of in terms of the direction given by this Court in case of Smt. Hema Kumari (supra)

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Order Date :- 11.4.2018 Ravi Prakash

Smt. Varsha Vishwakarma and Another v. State of U.P. and 4 Others

Case brief

What is this about?

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Smt. Varsha Vishwakarma and Another v. State of U.P. and 4 Others

Case brief

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