Aabid and 2 Others v. State of U.P. and 3 Others
Case brief
What is this about?
The Allahabad High Court dismissed a writ petition under Article 226 seeking to quash an FIR under Section 366 IPC filed against the petitioners for marriage. The Court refused to grant interim protection on the grounds that the petitioners' actions involved debauchery.
What did the court decide?
Writ petition rejected; petitioners directed to surrender within one week.
What the court decided
Neutral Citation No. - 2023:AHC:153703-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 7714 of 2023
Petitioner :- Aabid And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishal Mohan Gupta,Ramesh Kumar Pandey Counsel for Respondent :- G.A.,Girijesh Kumar Gupta,Shikha Singh,Shiv Shankar Pd Gupta
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioners as well as learned A.G.A. and perused the record.
This is the petition under Article 226 of the Constitution of India assailing the FIR dated 03.05.2023 having Case Crime No.88 of 2023 under section 366 IPC Police station-Dhaulana, District-Hapur.
Contention raised by learned counsel for the petitioners is that this FIR was registered by one Shamshad against Abid and Asifa with the allegation that on 02.05.2023, Nadim told the informant that his daughter Sana was enticed away by Abid and Asifa. The girl is 19 years and Abid has taken her to some unknown place. While going, she has carried Rs.5 lacs and ornaments with her. On the last occasion, the Court has passed the following order :-
"While passing the order dated 08.06.2023 this Court has directed to the petitioner namely, Mr. Aabid to produce the girl Sana before the Court below for recording her statement under Section 164 Cr.P.C. on 15.06.2023 through the I.O. concerned.
Issues for consideration
2 issues framed by the court
Whether a Criminal Misc. Writ Petition under Article 226 seeking to quash proceedings is maintainable.
Whether the petitioners are entitled to interim protection given allegations of conduct constituting debauchery.
Parties & counsel
- petitioner
Aabid And 2 Others
- respondent
State Of U.P. And 3 Others
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- CRLP/7714/2023
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