Neelu and Another v. State of U.P. and 3 Others
Case brief
What is this about?
Criminal Misc. Writ Petition No. 3939 of 2020, order dated 3.3.2020 (Court No. 29; bench: Pankaj Mithal and Pradeep Kumar Srivastava, JJ.). Petitioners Neelu and Shiv Kumar sought quashing of an FIR dated 15.2.2020 (Case Crime No. 0016 of 2020, Section 366 IPC, P.S. Raja Ka Rampur, District Etah), stating they are majors married of their own free will with a registered marriage. Court held the FIR allegations constitute a cognizable offence requiring investigation and disposed of the petition with a no-arrest direction in favour of Shiv Kumar until the report under Section 173(2) Cr.P.C., conditional on the petitioners' cooperation in the investigation. No precedents cited.
What did the court decide?
Direction to the respondent that petitioner no.2 (Shiv Kumar) shall not be arrested in pursuance of the FIR till the submission of the report under Section 173(2) Cr.P.C., provided the petitioners participate and cooperate in the investigation.