Partly allowed

Sunil and Another v. State of U.P. Thru. Secy. (Home), Govt. of U.P. Lucknow and Others

Allahabad HC15 Feb 2024CRLP/999/2024

Case brief

AI extract

What is this about?

Petitioners challenged an FIR under Section 366 IPC relating to their inter-se marriage, seeking quashing and stay of arrest. Court noted prima facie case for interim relief and stayed arrest pending investigation and police report.

What did the court decide?

Quashing of FIR as it relates to petitioner no.1; Arrest of petitioner no.1 held stayed pending investigation and police report.

Sunil and Another vs State of U.P. Thru. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 999 of 2024

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Petitioner :- Sunil And Another Respondent :- State Of U.P. Thru. Secy. (Home), Govt. Of U.P. Lucknow And Others Counsel for Petitioner :- Narendra Gupta 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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Heard learned counsel for the petitioners, learned A.G.A. for the State/respondent and perused the impugned F.I.R. as well as material brought on record.

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The instant writ petition has been filed by the petitioners with the following main relief:

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"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 02 02 2024 lodged by opposite party no 4 which was registered at crime no 0065/2024, at Police Station Kamlapur, District Sitapur, under section 366 IPC as contained in Annexure No 1 to the writ petition so far as it relates to petitioner no.1.

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(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioners on the basis of false first information report dated 02.02.2024 lodged by opposite party no.4 which was registered at crime no. 0065/2024, at Police Station Kamlapur, District Sitapur, under Section 366 I.P.C. "

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It has been argued by learned counsel for the petitioners that both the petitioners are major, who, on their own volition and free will have got married with each other in accordance with Hindu rites and rituals. However, since this marriage is not being accepted by the family members of the petitioner no.2, hence, the impugned First Information Report has been lodged. The petitioners have also registered their marriage under the Uttar Pradesh Marriage Registration Rules, 2017.

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Considering the aforesaid facts and circumstances of the case, prima facie, a case for interim relief is made out.

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Since learned A.G.A. has put in appearance on behalf of respondents no.1 to 3, hence no fresh notices need to be issued to them.

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Issue notice to respondent no.4 returnable at an early date.

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Steps be taken within a week.

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Let a counter affidavit be filed within four weeks.

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Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case on 28.03.2024.

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioner No.1 in pursuance of the impugned F.I.R. shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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In the meantime, the Investigating Officer shall also produce the petitioner no.2 before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. as expeditiously as possible.

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Order Date :- 15.2.2024 A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

Sunil and Another v. State of U.P. Thru. Secy. (Home), Govt. of U.P. Lucknow and Others

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Sunil and Another v. State of U.P. Thru. Secy. (Home), Govt. of U.P. Lucknow and Others

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