Humma Aqsha and 2 Others v. State of U.P. and 4 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18206 of 2023 Petitioner :- Humma Aqsha And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Heard learned counsel for the petitioners and learned AGA for the State. This writ petition has been filed with a prayer to quash the FIR dated 05.07.2023 registered as case crime no. 0177 of 2023 under sections 363, 366, 506 and 120-B IPC, P.S. Jariya, District Hamirpur. It is alleged that petitioners are major and belong to different religions denominations. It is submitted that petitioner no.3 is the father of the groom. It is asserted that they intend to get married but the family members are opposed to their relationship. It is therefore, contended that the lodgement of FIR is nothing but an abuse of the process of law. Learned AGA states that the investigation has already concluded with submission of a closure report in the matter. In view of the statement made by learned AGA, we find that grievance as against the first information report does not survive any further. So far as any threat extended to petitioners in the matter is concerned, it shall be open for them to approach the second respondent who shall ensure that life and liberty of petitioners are adequately protected by taking necessary steps taking in view by law laid by Supreme Court in the case of Lata Singh vs. State of U.P. and another, (2006) 5 SCC 475. Accordingly, the writ petition is disposed of. Order Date :- 1.12.2023 /C. MANI High Court of Judicature at Allahabad