Disposed

Smt. Prachi and 4 Others v. State of U.P. and 3 Others

Allahabad HC24 Jul 2023CRLP/10988/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition assailing an FIR u/s 366 IPC. Relying on the age of the girl (18+) and the petitioners' marriage consent, it ordered no arrest pending the final report, allowed investigation, and directed the I.O. to record statements.

What did the court decide?

Petitioners shall not be arrested till filing of the report u/s 173(2) Cr.P.C. Investigation shall go on. I.O. is directed to record statements u/s 161 and 164 Cr.P.C.

Smt. Prachi and 4 Others Vs State of U.P. and 3… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:147066-DB

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Court No. - 67

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10988 of 2023

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Petitioner :- Smt. Prachi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Chandra Dwivedi Counsel for Respondent :- G.A.

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

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Heard Sri P.C.Dwivedi, learned counsel for the petitioners and learned AGA for the State.

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This writ petition is being filed under Article 226 of the Constitution of India assailing the legal and validity of the FIR dated 02.07.2023 as case crime no. 50 of 2023 under Section 366 IPC, P.S. Nibohara, District Agra.

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Submission made by the counsel that the present FIR was registered by one Gopal Sharma against Brajesh, Satish, Smt. Manju Devi and Dhanwan with the allegation that her grand daughter 'Ms.P' aged about 19 years was enticed away by the named accused persons.

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As per the highschool certificate the date of birth of the girl is 04.09.2004 and on the date of the incident she is aged about 18+ years. It is further given to understand that Brijesh and Prachi war got married in Arya Samaj Temple on 04.05.2023. In addition to this, a joint affidavit sworn by Prachi and Brijesh declaring the age of the girl is 18+years and 21 years respectively. In addition to this she has given an application to the Police Commissioner, Police Line, Agra praying that she is under immense threat from her own family members and they are extending threat to her. Since she is a major girl and she has got every right to choose her life partner and she has chosen Brijesh as her life partner.

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In view of the above, it is made clear that investigation shall go on. The interest of the petitioners shall protected till submission of police report under Section 173(2) Cr.P.C., and the petitioners shall not be arrested, provided the petitioners shall actively participated in the investigation and shall appear before the I.O. as and when required.

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The I.O. is directed to record the statements under Sections 161 and 164 Cr.P.C.

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With the above, observation, that petitioners shall not be arrested till filing of the report under Section 173(2) Cr.P.C., this writ petition stands disposed of.

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Order Date :- 24.7.2023 Abhishek Sri.

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Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad

Smt. Prachi and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Prachi and 4 Others v. State of U.P. and 3 Others

Case brief

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