Disposed

Smt. Namra and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko and 3 Others

Allahabad HC16 Dec 2024CRLP/8491/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking quashing of an FIR under Section 366 IPC, the High Court recorded supplementary affidavits issuing notice to the fourth respondent. Prima facie, the court stayed arrest of petitioners while directing cooperation with investigation and a statement under Section 164 Cr.P.C.

What did the court decide?

Intermediate stay on arrest; compliance with investigation; receipt of counter affidavit.

Smt. Namra and Another vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:75183-DB

¶2

Court No. - 10

¶3

Case :- CRIMINAL MISC. WRIT PETITION No. - 8491 of 2024

¶4

Petitioner :- Smt. Namra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko And 3 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.

¶5

Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶6

Heard learned counsel for the petitioners, learned A.G.A. appearing for the respondent No.1, 2 and 3 and perused the record.

¶7

Supplementary affidavit filed today in the Court by learned Counsel for the petitioners is taken on record.

¶8

Issue notice to the respondent No.4.

¶9

Office shall submit service report by affixing computer generated tracking report.

¶10

This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 30.06.2024, lodged by the respondent No.4 registered as F.I.R./Case Crime No.0210/2024, under Section 366 I.P.C., at Police Station-Kursi, District-Barabanki.

¶11

It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 02.07.2024 as per Muslim Rites and Rituals, the copy of Nikahnama is annexed as Annexure No.2 to this writ petition. Petitioner no.1 has annexed a copy of her Transfer Certificate as annexure No.SA-1 to the supplementary affidavit filed today in Court and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-3 to the writ petition as proof of age. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under within a period of four weeks.

¶12

It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged against the petitioners only in order to harass them, as such, the arrest of the petitioners may be stayed.

¶13

After hearing learned counsel for the parties and going through the record, prima faice , the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, till the next date of listing or till the filling of the police report under Section 173 (2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number. However, petitioner no.1 shall cooperate in the investigation and shall get her statement recorded under Section 164 Cr.P.C.

¶14

Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit.

¶15

List immediately thereafter.

¶16

[Om Prakash Shukla, J.] [Vivek Chaudhary, J.]

¶17

Order Date :- 14.11.2024 Piyush/-

¶18

Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Smt. Namra and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Namra and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Chaudhry Abdul Muied Khan vs State of U.P. Thru. Chief Secy. Home Lko. and Others

Jannat vs State of U.P. Thru. Secy. Home U.P. Lko. and Others

Sageer Ahmad Khan vs State of U.P. Thru. Addl. Chief Secy. Home Lko and Others

Smt. Alkama @ Joya and Another vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Balram vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Himanshi Pal and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others