Writ petition filed to quash an FIR under IPC 363 and 504. The court disposed of the matter based on a prior interim order protecting the petitioners and allowing time for a counter-affidavit.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 10318 of 2022
Petitioner :- Rukhsana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mithilesh Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
This writ petition has been filed with the prayer to quash the First Information Report dated 28.5.2022, in Case Crime No. 90 of 2022, under Sections-363 and 504 I.P.C. Police Station-Bhurkura, District-Ghazipur. Heard learned counsel for the petitioner, learned A. G. A. for the State
This Court vide order dated 5.8.2022 protected the petitioners who claim to be adult and solemnized marriage. Order dated 5.8.2022 is extracted:
"Contention is that petitioners are major and have solemnized marriage out of their own volition and, therefore, lodgement of first information report in Case Crime No. 90 of 2022, under Sections 363, 504 I.P.C., Police Station - Bhurkura, District - Ghazipur, is an abuse of the process of law. Prayer is made to quash the impugned FIR.
Matter requires consideration.
Learned AGA accepts notice on behalf of respondent nos. 1 to 3; whereas Sri Karma Singh Yadav has appeared for the respondent no. 4.
All the respondents are allowed six weeks' time to file counter affidavit. Rejoinder, if any, may be filed within two weeks, thereafter.
List thereafter.
Till the next date of listing or till submission of police report under Section 173 Cr.P.C., whichever is earlier, no coercive action shall be taken against the petitioners pursuant to impugned First Information Report, registered as Case Crime No. 90 of 2022, under Sections 363, 504 I.P.C., Police Station - Bhurkura, District - Ghazipur, provided they cooperate with the investigation. The petitioners shall appear before the Investigating Officer within two weeks from today, who shall get the age of first petitioner ascertained and her statement recorded under section 164 Cr.P.C. and thereafter to proceed with the investigation in accordance with law and submit report in terms of section 173(2) Cr.P.C."
The writ petition is disposed of in terms of the interim order dated 5.8.2022.
Order Date :- 8.12.2022 HR
Digitally signed by HEMANT RANJAN Date: 2022.12.09 18:07:55 IST Reason: Location: High Court of Judicature at Allahabad
Rukhsana And Another
State Of U.P. And 3 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
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