Allahabad High Court
Farha Bee And 2 Others vs State Of U.P. And 3 Others on 17 February, 2023
Bench: Ramesh Sinha, Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2759 of 2023
Petitioner :- Farha Bee And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Mohit Gautam
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Rajiv Gupta,J.
Heard Shri Rajesh Kumar, Advocate holding brief of Shri Mohit Gautam, learned counsel for the petitioners, Shri J.K. Upadhyay, learned AGA for the State/respondent nos. 1 to 3 and perused the material available on record.
This writ petition has been filed by the Petitioners- Farha Bee, Ajeem Khan and Hasib Khan to issue a writ, order or direction in the nature of certiorari seeking quashing of FIR dated 04.02.2023 registered as Case Crime No. 0022 of 2023 under Section 366 IPC, Police Station Sirauli, District Bareilly with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 not to arrest the petitioners in pursuance of the aforesaid FIR and to protect the lives of the petitioners from respondent no.4.
Learned counsel for the petitioners submits that the petitioner no. 1 is a major girl aged about 20 years, as is evident from the FIR. She has voluntarily eloped with petitioner no. 2 and has also solemnized marriage with him on 04.02.2023 at Madarsa, I.P. Extension, Delhi, a copy of the nikahnama has been annexed as Annexure No.2 to the writ petition and at present both of them are willing to live together as husband and wife.
Learned counsel for the petitioner has further contended that once they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013; Sachin Pawar Vs. State of U.P., decided on 02.08.2013, that, offence has been committed under Section 366 I.P.C., cannot be approved of.
Considering the aforesaid and keeping in view the law laid down by the Apex Court in Sachin Pawar Vs. State of U.P. (supra), prima facie, a case for interim relief is made out.
Since Shri J.K. Upadhyay, learned A.G.A. has put in appearance on behalf of respondents no. 1 to 3, hence, no fresh notice needs to be issued to them.
Issue notice to respondent no. 4. Steps be taken within ten days.
Let counter affidavit be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List thereafter.
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 petitioners 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.
(Rajiv Gupta, J.) (Ramesh Sinha, J.)
Order Date :- 17.2.2023
Nadim
