Disposed

Smt. Lovely and Another v. State of U.P. and 2 Others

Allahabad HC14 Oct 2020CRLP/10935/2020

Case brief

AI extract

What is this about?

The High Court was approached to quash an FIR alleging offences under IPC Sections 363 and 366. The court disposed of the petition by directing the production of the victim for medical examination and age determination within 20 days, allowing arrest only if the victim is a minor or supports the prosecution, and postponing coercive measures otherwise.

What did the court decide?

Petition disposed; victim to be produced for medical examination and age determination within 20 days.

Smt. Lovely and Another Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10935 of 2020 Petitioner :- Smt. Lovely And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Sri Mahendra Tripathi, learned counsel for the informant is directed to file his power in the Registry during the course of the day.

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Heard Sri Ashish Goyal, learned counsel for the petitioners and the learned A.G.A.

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This petition has been filed by the petitioners with a prayer to quash the FIR dated 28.09.2020 registered as Case Crime No.387 of 2020, under Sections-363 and 366 IPC, Police Station-Hariparvat, District-Agra.

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It's a joint petition on behalf of the married couple living together as husband and wife and in sofar, age of petitioner no.1 is concerned, her date of birth is 21.10.2002, which is not disputed by learned counsel for the informant, whose only contention is that there is no proof of marriage, but the fact is that this petition is supported by a joint affidavit of the couple; learned counsel for the petitioners submits that FIR is mala fidely motivated only with a view to harass the petitioners; no offences are made out; the same be quashed.

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However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. or the Judicial Magistate concerned, as

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the case may be, within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the court concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer-in-charge of the police station concerned. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.

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It is further directed that issue of custody of the victim shall also be decided by the court concerned in accordance with law.

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With the above direction this petition is finally disposed of. The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 14.10.2020/Ashutosh

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Digitally signed by Justice Pankaj Digitally signed by Justice Vivek Naqvi Agarwal Date: 2020.10.15 14:05:24 IST Date: 2020.10.15 14:06:21 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Smt. Lovely and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Lovely and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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