Partly allowed

Sushila Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

Allahabad HC16 Feb 2024CRLP/1101/2024

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition against an FIR lodged by the mother of the petitioner couple alleging forced marriage. The High Court, prima facie, accepted the case merits, ordered a stay on arrest, and directed the recording of a statement under Section 164 Cr.P.C.

What did the court decide?

Stay on arrest of petitioner no.2; direction to record statement of petitioner no.1 under Section 164 Cr.P.C.

Sushila Yadav and Another vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1101 of 2024

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Petitioner :- Sushila Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Others

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Counsel for Petitioner :- Ravi Dwivedi,Ambrish Kumar Dwivedi,Kuldeep Kaur Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

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(1) Heard the learned counsel for the petitioners and learned A.G.A. who appears on behalf of the StateRespondent nos.1, 2 & 3.

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(2) This petition has been filed by the petitioners for the following main prayer:-

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"(i) To issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 29.01.2024 lodged by the Opposite party no.4 in F.I.R./ Case Crime No.24 of 2024, under Section 363 I.P.C. at Police Station Gomti Nagar Vistar, District Lucknow, as contained in Annexure No.3 to the writ petition."

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(3) Issue notice to the respondent no.4 returnable at an early date.

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(4) The petitioner shall take steps within one week.

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(5) The office shall indicate the matter to be listed on 05.04.2024.

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(6) It has been submitted by the learned counsel for the petitioners that the Petitioner no.1 - Sushila Yadav and the Petitioner no.2 Pankaj Kumar, both are major and had performed marriage with each other out of their own sweet will at Arya Samaj Mandir, Kamta, Chinhat, Lucknow, on 06.02.2024. The Opposite party no.4, who is the mother of the Petitioner no.1, is not happy with this marriage, as a result of which, the impugned FIR has been lodged against the petitioners in order to harass them.

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(7) This Court having considered the F.I.R. and also the surrounding facts as mentioned in the writ petition is, prima facie, of the opinion that the case requires consideration.

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(8) Till the next date of listing or till submission of the Police Report under Section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier , the arrest of the petitioner no.2, namely, Pankaj Kumar, in pursuance of the First Information Report dated 29.01.2024 lodged by the Opposite party no.4 in F.I.R./ Case Crime No.24 of 2024, under Section 363 I.P.C. at Police Station Gomti Nagar Vistar, District Lucknow, shall remain stayed, of course, subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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(9) The Petitioner no.2- Pankaj Kumar, is directed to produce the Petitioner no.1- Sushila Yadav, before the S.H.O. concerned who shall ensure that her statement under Section 164 Cr.P.C. is recorded by the Competent Court within one week of her production before him.

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Order Date :- 16.2.2024 N.PAL

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Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench

Sushila Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

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Sushila Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

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