The court disposed of a writ petition to quash an FIR under Section 366 IPC. It directed the victim to record a statement under Section 164 Cr.P.C. and stayed the arrest of petitioners pending such recording.
FIR quashed; arrest stayed pending victim's statement under Section 164 Cr.P.C.; investigation directed to proceed thereafter.
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Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 8337 of 2022
Petitioner :- Sneha And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Sunder Mishra Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard 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 03.06.2022 registered as Case Crime No. 126 of 2022, under Sections 366 I.P.C., P.S.Bakewar, District- Fatehpur and not to arrest the petitioners pursuant to the aforesaid case.
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 daughter of the complainant (i.e. victim) to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within four weeks from today. In the event the victim 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 respondents shall ensure that any family member, if taken in custody or detained in police station, shall forthwith be released.
Order Date :- 1.7.2022 Vivek Kr.
Digitally signed by VIVEK KUMAR Date: 2022.07.05 11:55:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report under Section 366 IPC regarding voluntary marriage can be quashed.
2 provisions across 2 enactments
Sneha 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
