The Court quashed an FIR alleging offences under sections 366, 323, and 506 IPC. Relying on the petitioners' claim of adulthood and peaceful cohabitation, the Court granted relief without scrutinizing the validity of the marriage.
The impugned FIR dated 21.11.2022 is hereby quashed.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20066 of 2022
Petitioner :- Smt. Kajal And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- G.A.,Dhirendra Kumar Verma
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioners and learned AGA for the state and perused the record.
Present writ petition has been preferred for quashing the F.I.R. dated 21.11.2022, registered as Case Crime No. 705 of 2022, under sections 366, 323, 506 I.P.C., Police Station Pipraich, District Gorakhpur.
Learned counsel for the petitioners has submitted that both the parties claim to be major and have filed documents in support of their age proof. Petitioner nos.1 & 2 have solemnized their marriage and they are living together peacefully as a husband and wife. In this backdrop, it is urged that the ingredients of the offence is not made out against the petitioners.
In view thereof, since both the petitioner nos. 1 and 2 are adults and residing together on their freewill, the present proceedings arisen from the impugned F.I.R. is hereby quashed.
This Court has not entered into the validity of the marriage but having regard to the fact that both are adults they have right to live together.
The writ petition stands allowed.
It is made clear that it will be open for the State, informant/complainant/aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition.
Order Date :- 22.12.2022 K.K. Maurya
Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash an FIR under sections 366, 323, 506 IPC when both parties claim to be adults living together peacefully.
Smt. Kajal And 3 Others
State Of U P And 2 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
