Disposed

Raj Kumar and 2 Others v. State of U.P. and 3 Others

Allahabad HC30 Sept 2021CRLP/6678/2021

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition seeking quashing of FIR alleging rape and kidnapping. Court found no ground to interfere immediately but directed the Investigating Officer to conclude investigation promptly if parties present marriage documents.

What did the court decide?

Petition disposed without interference with FIR; Investigating Officer directed to conclude investigation within two weeks upon receipt of marriage documents.

Raj Kumar and 2 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 44

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6678 of 2021

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Petitioner :- Raj Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Sharma Counsel for Respondent :- G.A.,Shailendra Kumar Tripathi

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the parties and perused the record.

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By means of the present petition, the petitioners seek for quashing of the first information report dated 9.7.2021 registered as Case Crime No. 741 of 2021, under Sections 366, 376, 313, 507, 504, 506, 120-B I.P.C., and Section 3(2)(v) S.C./S.T. Act, Police Station Quarsi, District Aligarh.

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It is stated in the writ petition that after lodging of the first information report, the petitioner no. 1 had solemnized marriage with the complainant-respondent no. 4 on 27.7.2021 in Arya Samaj Mandir, Chowk, Prayagraj. Since after marriage, both the parties namely the petitioner no. 1 and respondent no. 4- complainant are living happily together. They have also applied for registration of their marriage before the Registrar Marriage.

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The submission, thus, is that all the allegations in the first information report lodged on 9.7.2021 were made only to exert undue pressure on the petitioner and none of them are true.

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In the short counter affidavit filed on behalf of the respondent no. 4, it is admitted that the first information report was lodged by the complainant on the pressure exerted by her parents and that she has solemnized marriage with the petitioner no. 1 and is living happily, thereafter.

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The prayer has, thus, been made for quashing of the first information report as the dispute between the parties being personal in nature has come to an end.

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In the counter affidavit of the Investigating Officer filed today, it is submitted that in the statement of the victim girl under Section 164 Cr.P.C., she had supported the version in the FIR. The Investigating Officer has no information nor has received

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any document relating to marriage of the petitioner no. 1 with respondent no. 4. Other relevant material had been collected by the Investigating Officer to ascertain the age of the victim girl and to complete the investigation in a proper manner.

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It is, then submitted that there is a criminal history of the petitioner no. 1 of one criminal case lodged in the year 2021 in the Police Station Dadon, District Aligarh, detail of which has been given in paragraph '27' of the counter affidavit. Similarly, there is criminal history of petitioner no. 3 against whom two cases in the year 2012 and 2021 had been lodged.

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Considering the above facts and circumstances of the case, we do not find any good ground to interfere, at this stage.

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However, it is kept open for the petitioners and the complainant to approach the Investigating Officer for bringing the factum of marriage by placing relevant documents before him.

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On the appearance of the petitioners and the complainantrespondent no. 4 on 4^th October, 2021 before the Investigating Officer and the presentation of the relevant documents, the Investigating Officer would be under obligation to proceed in a proper manner to conclude the investigation strictly in accordance with law, preferably, within a period of two weeks from the date of the appearance of the parties.

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With the above observations, the writ petition is disposed of .

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Order Date :- 30.9.2021 Brijesh

Raj Kumar and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Raj Kumar and 2 Others v. State of U.P. and 3 Others

Case brief

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