Criminal W.P. filed to quash FIR under Sections 363 and 366 IPC as petitioners are majors who married voluntarily. Court directed statement recording and granted stay on arrest pending cooperation.
Quashed the impugned FIR; directed recording of statement under Section 164 Cr.P.C.; granted stay on arrest pending statement and cooperation.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 11060 of 2022
Petitioner :- Smt. Iksha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jagannath Singh Counsel for Respondent :- G.A.,Aditya Prasad Mishra
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard Shri Jagannath Singh learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 20.7.2022 registered Case Crime No. 209 of 2022, under Sections 363 and 366 I.P.C., P.S.Brahmpuri, District-Meerut.
Both the petitioners no. 1 and 2 are major and have married with each other out of their own free will and as such no offence under Section 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed off with a direction to the first petitioner to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within two weeks from today. In the event the first petitioner appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. and shall pass appropriate orders in accordance with law. The investigating officer shall proceed thereafter in accordance with law.
Till recording of the statement of the first petitioner, petitioners shall not be arrested pursuant to the impugned first information report, provided they cooperate in the investigation. The second and third respondent shall ensure that any family member, if taken in custody or detained in police station, shall forthwith be released.
Order Date :- 29.8.2022 Deepak/
Digitally signed by SHIVANGI YADAV Date: 2022.08.30 11:23:19 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the FIR under Sections 363 and 366 IPC is maintainable in cases of voluntary marriage between majors.
Whether stay from arrest can be granted pending recording of Statement under Section 164 Cr.P.C.
2 provisions across 2 enactments
Smt. Iksha and Another
State of U.P.
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
