Sanjay Diwakar and 2 Others v. State of U.P. and 2 Others
Case brief
What is this about?
Request to quash FIR. Court permitted exemption for certified FIR copy. Rejected total quash due to cognizable offense. Directed no arrest until police report but mandated cooperation with investigation.
What did the court decide?
Counsel application for certified FIR exemption allowed. Petitioners not to be arrested pending police report but must cooperate with investigation.
What the court decided
Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 8306 of 2020 Petitioner :- Sanjay Diwakar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Srivastava,Arjit Srivastava,Usha Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Supplementary affidavit filed today on behalf of the petitioners is taken on record.
Heard Sri V.K. Srivastava, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 18.3.2020, registered as Case Crime No.26 of 2020, u/s 363, 366 IPC, P.S. Sadh, district Kanpur Nagar.
Learned counsel for the petitioners states that he could not file the certified copy of the impugned F.I.R. and prays for exemption. The exemption application is allowed.
Learned counsel for the petitioners submits that as per birth certificate of the victim, she is stated to be a major girl aged about 20 years, copy of the same is annexed as S.A-1 to the Supplementary Affidavit. He further submits that the victim has already been sent to Nari Niketan after she was recovered. As per the statement of the victim girl, she appears to be voluntarily eloped with petitioner no.3 and also solemnized marriage with him on 19.3.2020, the said marriage has also been registered before the Marriage Registration Officer. The petitioner nos.1 and 2 are brothers of petitioner no.3.
Issues for consideration
3 issues framed by the court
Whether the FIR should be quashed given the marriage registration claim and victim age.
Whether the petitioners should be directed not to be arrested pending police report submission.
What conditions will be imposed on the petitioners regarding cooperation with investigation.
Parties & counsel
- petitioner
Sanjay Diwakar And 2 Others
- respondent
State Of U.P. And 2 Others
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- CRLP/8306/2020
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