Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17616 of 2020 Petitioner :- Roshani @ Jahida Khatoon And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yakub Ansari Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Petitioners have made following prayers:-
(i) issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 21.11.2020 registered as Case Crime no. 315 of 2020, under Section 366 IPC, P.S. Usarahar, District Etah.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 and 3 from making any interference in peaceful matrimonial life of the petitioners in respect of the impugned F.I.R. dated 21.11.2020 registered as Case Crime no. 315 of 2020, under Section 366 IPC, P.S. Usarahar, District Etah as well as take appropriate action against the respondent no. 4 from creating hindrance and disturbance in peaceful matrimonial life and liberty of the petitioners.
(iii) issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 and 3 to protect and safe the life and liberty of the petitioners including the other family members of the petitioners.
(iv) issue a suitable writ, order or direction upon the learned court below as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
Learned counsel for the petitioners states that Pawan Kumar has been arrayed as an accused in aforesaid case crime number lodged by respondent no. 4 and as both are major and they have entered into wedlock, therefore, they may be protected.
Factual data is disputed by learned counsel for the State. Whereas, if the petitioner no. 1 is given statement before the police authority which is in favour of petitioner no. 2 and if the age of the petitioner no. 1 is ascertained by the police authority which would show that they have entered into wedlock without pressure and if the petitioner no. 2 approaches the court below for being enlarged on bail/ anticipatory bail, his case would be considered as expeditiously as possible. This indulgence is shown as prima facie it is shown from the record that it is a case of inter-caste marriage and love affair and therefore, this indulgence is shown to both parties.
With the aforesaid observations, petition is disposed of.
The party shall file computer generated copy of such 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 :- 6.1.2021 Dhirendra/