This criminal miscellaneous writ petition sought quashing of an FIR citing free-will marriage. The High Court disposed of the petition pending a police report, imposing a non-coercive investigation order.
Non-coercive investigation under Section 173 Cr.P.C. without coercive steps against petitioners.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 1400 of 2020
Petitioner :- Rinki And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R S Dubey,Savita Dubey Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri R.S. Dubey, learned counsel for the petitioners and learned A.G.A. for the State-respondents.
This petition has been filed for the quashing of the FIR dated 05.01.2020, Case Crime No.5 of 2020, under Sections 363, 366 IPC, P.S. Chiluatal, District Gorakhpur.
The petitioners allege that both of them are major and have married according to their own freewill without any outside pressure. Their marriage has also been registered. A copy of the registration certificate has been brought on record.
Learned counsel for the petitioners submit that in view of the age of the petitioners and the marriage certificate, no offence is made out against the petitioners.
The petitioners are also present in court. They have been identified by the counsel.
In view of the fact that the petitioners have jointly filed this writ petition which is supported by the affidavits of both of them, despite the fact that the allegations in the FIR disclose a cognizable offence, we dispose of this writ petition with the direction not to take coercive steps against the petitioners till the submission of the report under Section 173 Cr.P.C. provided the petitioners cooperate and participate in the investigation which shall be completed in a fair manner most expeditiously.
Accordingly, the Writ Petition is disposed of .
Order Date :- 28.1.2020 piyush
1 issue framed by the court
Whether to quash FIR in matrilial dispute involving marriage by free will of major parties
1 provisions across 1 enactments
Rinki And Another
State Of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
