Disposed

Noore Shama and 4 Others v. State of U.P. and 2 Others

Allahabad HC19 Jul 2023CRLP/10665/2023

Case brief

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What is this about?

A High Court disposed of a criminal miscellaneous writ petition filed to quash an FIR under Section 366 IPC regarding a marriage dispute. The court directed that the investigation continue without any arrest of the petitioners, provided they cooperate, and ordered the Investigating Officer to submit the final report within 10 weeks.

What did the court decide?

Directed that investigation proceeds without arrest of petitioners if they cooperate; I.O. to submit report under S. 173(2) Cr.P.C. within 10 weeks.

Noore Shama and 4 Others Vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:143928-DB

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Court No. - 67

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10665 of 2023

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Petitioner :- Noore Shama And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Kumar Gupta Counsel for Respondent :- G.A.,Rizwan Ahmad

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Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard Sri Anuj Kumar Gupta, learned counsel for the petitioners, Sri Virendra Kumar Srivastava, Advocate holding brief of Sri Rizwan Ahmad, learned counsel for the opposite party no. 3 and the learned A.G.A. appearing for the State-respondents and perused the record.

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The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 6.6.2023 registered as Case Crime No. 0161 of 2023, under Section 366 IPC, Police Station Mainather, District Moradabad.

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The submission of learned counsel for the petitioners is that as per the prosecution version, petitioner no. 1 is aged about eighteen and half year. Petitioner no. 1 and petitioner no. 2 have performed Niqah on 28.6.2023 and also applied for registration of their marriage on the

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same day. Contention raised by the counsel that since the girl is major she has full right to choose her life partner. Petitioner no. 1 has chosen petitioner no. 2 Shane Rab as her life partner and both of them are happily residing as husband and wife, therefore, petitioner no. 2 and their family members have falsely been prosecuted in the present case.

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In view of the above, we are of the considered opinion that the investigation shall go on and during investigation, the petitioners shall not be arrested, provided they shall fully cooperate and participate in the investigation. The I.O. of the case is directed to prepare the report under Section 173(2) Cr.P.C. within next 10 weeks positively.

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With the above direction, the writ petition stands disposed o f.

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Order Date :- 19.7.2023 M. Tarik

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Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad

Noore Shama and 4 Others v. State of U.P. and 2 Others

Case brief

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Noore Shama and 4 Others v. State of U.P. and 2 Others

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