Petitioners challenged the FIR registration alleging their marriage to the complainant's daughter. The court directed investigation to proceed without arresting petitioners provided they cooperate. Petition was disposed of.
Investigation to proceed without arrest if petitioners cooperate. No disposal on merits of the FIR.
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Neutral Citation No. - 2023:AHC:136132-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 10245 of 2023
Petitioner :- Komal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghuvansh Chandra,Ram Jee Saxena Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Sri Raghuvansh Chandra, learned counsel for the petitioners and learned AGA for the State.
By means of the present criminal writ petition, the petitioners are assailing the legality and validity of the FIR dated 16.06.2023 registered as case crime no. 173 of 2023 under Section 366 IPC, P.S. Kitthore, District Meerut.
Contention raised by the counsel that the present FIR was registered by one Om Prakash for the incident said to have been taken place on 14.06.2023 alleging therein that that his daughter aged about 18 years was enticed away by the petitioner no.2 Govind. It is contended by the counsel that both of them have nurtured tender relationship between each other and eventually they have decided to marry. Consequently on 23.05.2023 the petitioners married in Arya Samaj Marriage Trust, Ghaziabad. The marriage registration certificate is annexed as Annexure No.-2 to the writ petition. Contention raised by the counsel that the girl is major and she has full right to choose her life partner and now both of them are happily reside as husband and wife.
In view of the above, we are of the considered opinion that the investigation shall go on and during investigation, the petitioners are not be arrested, provided the petitioners shall fully cooperate and participate in the investigation.
With this observation, the present writ petition stands dispose of.
Order Date :- 10.7.2023 Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a criminal investigation under Section 366 IPC Proceedings shall continue without arresting petitioners who have married the victim daughter voluntarily.
Whether marriage registration between two major individuals bars the investigation into allegations of enticement.
1 provisions across 1 enactments
Komal
Govind
State Of U.P.
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
