Disposed

Harendra Kumar Pathak v. State of U.P. and 2 Others

Allahabad HC20 Mar 2025A482/29994/2024

Case brief

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What is this about?

Harendra Kumar Pathak v. State of U.P. and 2 others; Application U/S 482 No. 29994 of 2024; Allahabad High Court; Rajeev Misra, J.; order dated 17.4.2025; counsel Rajeev Kumar for applicant, G.A. for opposite party; connected with Criminal Misc. Writ Petition No. 8836 of 2023, SMT. SUHANI AND ANOTHER vs STATE OF U.P. AND 4 OTHERS, filed by co-accused; FIR dated 12.5.2023 / 12.05.2023; Case Crime N

What did the court decide?

Procedural direction only: the application was connected with Criminal Misc. Writ Petition No. 8836 of 2023 for joint hearing and ordered to be put up fresh on 24.4.2025 before an appropriate Bench af

Harendra Kumar Pathak vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 29994 of 2024

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Applicant :- Harendra Kumar Pathak Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajeev Kumar, the learned counsel for applicant and the learned A.G.A. for State.

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After some arguments, it transpires that Criminal Misc. Writ Petition No. 8836 of 2023, (SMT. SUHANI AND ANOTHER vs STATE OF U.P. AND 4 OTHERS) filed by co-accused challenging the F.I.R. dated 12.5.2023 and giving rise to present proceedings is also pending before this Court wherein an interim order dated 24.7.2023 was also passed. For ready reference the same is reproduced herein under:

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Counter affidavit filed on behalf of the respondent no. 5 in Court today, is taken on record.

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Learned counsel for the petitioners states that he does not want to file rejoinder affidavit.

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Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

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The instant writ petition seeks quashing of the FIR dated 12.05.2023 giving rise to Case Crime No.0100 of 2023, under Sections 363, 366 I.P.C., Police StationKotwali Konch, District- Jalaun.

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The contention of learned counsel for the petitioners is that the petitioner no.1, the alleged victim is major as per the impugned FIR, itself. She and petitioner no.2 have solemnized their marriage and they are living together as husband as wife out of their own free-will. They have already applied for registration of their marriage online.

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This fact has not been disputed by the counsel for the respondent no. 5, who has filed counter affidavit in Court today.

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List this petition for final disposal/hearing on it's own turn.

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Till the next date of listing, the petitioner may not be arrested consequent to the impugned FIR dated 12.05.2023 giving rise to Case Crime No.0100 of 2023, under Sections 363, 366 I.P.C., Police Station- Kotwali Konch, District- Jalaun.

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This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier. It is also provided that the petitioner shall fully cooperate in the investigation, failing

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which they shall not be entitled to the benefit of this order.

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In view of above, it is desirable that this application be also heard along with aforementioned criminal misc. writ petition.

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Accordingly, connect this application along with aforesaid criminal misc. writ petition.

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Put up on 24.4.2025 as fresh, along with connected matter, before appropriate Bench after obtaining nomination from Hon'ble the Chief Justice.

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Order Date :- 17.4.2025Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Harendra Kumar Pathak v. State of U.P. and 2 Others

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Harendra Kumar Pathak v. State of U.P. and 2 Others

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