Allahabad High Court
Pragya Rai And Another vs State Of U.P. And 3 Others on 19 January, 2021
Bench: Pritinker Diwaker, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 293 of 2021
Petitioner :- Pragya Rai And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Umesh Chandra Prajapati
Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Deepak Verma,J.
Sri Umesh Chandra Prajapati, learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 25.12.2020 in respect of Crime No. 0609 of 2020 for the offence under Sections 366 I.P.C., P.S. Kotwali, District Jhansi.
Learned counsel for the petitioners submits that both the petitioners are major and have performed marriage and therefore, they have every right to live happily without any hindrance being created by any third person. He submits that the police is after the petitioners and if they are not protected by an interim order of this Court, they will suffer an irreparable loss. It has been argued that once the couple has married, offence under Section 366 I.P.C. is not made out.
Per contra, State counsel submits that prima facie offence under Section 366 I.P.C. is made out and the said offence is cognizable and, therefore, the petitioners are not entitled for any relief from this Court. He further submits that if the petitioner no.2, if so desires, may file application seeking anticipatory bail and in the said application he can disclose all these facts before the competent court.
We have heard learned counsel for the parties.
Considering the serious nature of allegations levelled against the petitioner no.2 under Section 366 I.P.C. and keeping in mind the law laid down by Supreme Court in Sate of Telangana vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 and the Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. (2006 (56) ACC 433) and further in view of order dated 19.11.2020 passed by the Apex Court in the case of Samiksha Singh @ Nikki Vs. State of U.P. and Ors. in Special Leave to Appeal (Criminal) No. 4650 of 2020, we find it difficult to quash the F.I.R. The writ petition is accordingly dismissed.
We further cannot grant interim relief in view of judgment of Apex Court (supra). The petitioner no.2, if so advised, may file anticipatory bail application before the competent court.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.1.2021
SK
