Allahabad High Court
Sukhwasi & Ors. vs State Of U.P. Thru. Secy. Home, Lko. & ... on 16 September, 2020
Bench: Ritu Raj Awasthi, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- MISC. BENCH No. - 14738 of 2020 Petitioner :- Sukhwasi & Ors. Respondent :- State Of U.P. Thru. Secy. Home, Lko. & Ors. Counsel for Petitioner :- Sanjay Singh Chauhan,Alok Kumar Singh Hon'ble Ritu Raj Awasthi,J.
Hon'ble Saurabh Lavania,J.
The case is taken up through video conferencing.
Heard learned counsel for the petitioners, learned Additional Government Advocate for the State and perused the record.
This petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No. 272 of 2020, under sections 363 & 366 IPC, Police Station Baghauli District Hardoi.
Learned counsel for submits that the petitioner and respondent no.4 are major and have married with their own free will as per Hindu Rites and Rituals. An agreement to this effect has also been entered into between them, a copy of which has been annexed as Annexure No. 3 to the writ petition. Due to the said fact, opposite party no.3 is annoyed with them and lodged the impugned FIR only in order to disturb their peaceful married life. So, the arrest in pursuance of impugned F.I.R. may be stayed.
After hearing learned counsel for the parties and going through the records, prima faice, the submissions made by learned counsel for the petitioners appear to be correct, as such, till filling of the police report under section 173 (2) Cr.P.C., petitioners shall not be arrested in pursuance of aforesaid impugned F.I.R. However, the petitioners shall co-operate with the investigation.
The writ petition is disposed of.
Order Date :- 16.9.2020 Ram.