Interim order in a petition seeking quashing of FIR under Section 366 IPC. The Court directed that the petitioner-husband shall not be arrested, provided he cooperates with the investigation, subject to the condition that he is of marriageable age and not involved in other crimes.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 1290 of 2024
Petitioner :- Jyoti Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- G.A .
Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.
Heard.
By means of this petition, the petitioners have sought quashing of First Information Report dated 2.12.2023, bearing Case Crime No.500/2023, under Sections 366 I.P.C., Police StationPatti, District - Pratapgarh.
Issue notice to opposite party No. 4.
Let the pleadings be exchanged within six weeks.
List thereafter.
Considering the recital made in the F.I.R that the girl, who is petitioner no. 1 herein is aged about 23 years and as the petitioner no. 1 says that she had married with the petitioner no. 2 out of her own free will and was of marriageable age, it is directed that the petitioner no. 2 shall not be arrested, unless, of course, it is found that the petitioners were not of marriageable or they are involved in any other criminal case arising out of impugned F.I.R. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order.
(Narendra Kumar Johari,J.) (Rajan Roy,J.) Order Date :- 22.2.2024 Anuj Singh
Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the First Information Report under Section 366 IPC should be quashed?
1 provisions across 1 enactments
Jyoti Mishra
Jyoti Mishra And Another
State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others
Rajan Roy
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
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