Disposed

Smt. Anu Tiwari and Another v. State of U.P. and 2 Others

Allahabad HC25 Apr 2019CRLP/7194/2019

Case brief

AI extract

What is this about?

In a petition seeking quashing of an FIR under Section 366 IPC regarding alleged forced marriage, the Court directed the accused to produce the victim before the Chief Judicial Magistrate to ascertain voluntariness within three weeks, while clarifying that investigation remains pending.

What did the court decide?

The petition was disposed of with directions to produce the victim before the Chief Judicial Magistrate for recording statement within three weeks to ascertain voluntariness of the relationship.

Smt. Anu Tiwari and Another Vs State of U.P. and 2 Others — Allahabad HC (2019) — LawSathi Research

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7194 of 2019

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Petitioner :- Smt. Anu Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Singh Chahar Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 27.07.2018 registered as Case Crime No.632 of 2018, under Section 366 IPC, P.S. Firozabad North, District Firozabad.

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After considering the submissions of the learned counsel for the petitioners, on 15.03.2019, following order was passed:-

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"The contention of learned counsel for the petitioners is that the victim Anu Tiwari is an adult and as per High School Mark Sheet, her date of birth is 12.07.1996 and she has voluntarily entered into relationship with the petitioner no.2 (accused) and, therefore, no offence has been committed.

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Sri K.S. Chahar, learned counsel for the petitioners has produced the victim Anu Tiwari before us. She has affirmed the aforesaid contentions.

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The matter requires consideration after service of notice upon the third respondent.

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Learned A.G.A. has accepted notice on behalf of respondent nos.1 and 2.

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Let notice be issued to respondent no.3 fixing 25.04.2019.

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By the next date of listing, the respondents shall file their respective counter affidavits.

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List this case on 25.04.2019 on which date the petitioner no.1 shall again be personally present before the court.

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Till the next date of listing or till submission of the police report under section 173 (2) Cr.P.C., whichever is earlier, no coercive action shall be taken against the petitioners in Case Crime No.No.632 of 2018, under Section 366 IPC, P.S. Firozabad, District Firozabad.

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It is made clear that this court has not stayed the investigation."

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Pursuant to the above order, office has submitted a report that notice was issued to the respondent no.3, fixing 25.04.2019.

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Considering the nature of the order that we propose to pass, we do not consider it necessary to await response of the respondents. This petition is, therefore, disposed off by providing as follows:-

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The petitioner no.2 shall produce the petitioner no.1 (Anu Tiwari) before the court of Chief Judicial Magistrate, Firozabad by or before 10th May, 2019. Upon her production, the Chief Judicial Magistrate, Firozabad shall proceed to record the statement of Anu Tiwari to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no.2. In case the victim deposes before the Chief Judicial Magistrate that force has been used on her, the Chief Judicial Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim. However, in case the victim deposes that she has been voluntarily in the company of the petitioner no.2 or any other person and that no force has been used on her, learned Magistrate shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.

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On the basis of the statement of the victim, the police shall submit report under Section 173(2) Cr.P.C.

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The aforesaid exercise shall be completed preferably within a period of three weeks from the date of production of the victim before the Chief Judicial Magistrate concerned. Till 10th May, 2019, or the date on which the victim is produced before the Chief Judicial Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim.

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It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigating agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.

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With the aforesaid observations/directions, the petition is disposed off .

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Order Date :- 25.4.2019 AKShukla/-

Smt. Anu Tiwari and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Anu Tiwari and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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