Kanhaiya @ Vivek Kumar Dixit and Another v. State of U.P. Thru. Secy. Home Civil Sectt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4443 of 2023 Petitioner :- Kanhaiya @ Vivek Kumar Dixit And Another Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Rizwanul Haque Ansari,Riazul Haque Ansari Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Shri Rizwanul Haque Ansari, the learned counsel for the petitioners and Shri Pawan Kumar Mishra, the learned A.G.A for the State.

¶2The present writ petition has been filed with the following prayer: "(a) issue a writ, order or direction in the nature of Certiorari, quashing the impugned F.I.R. dated 04.06.2023 registered at F.I.R. No. 241 / 2023, U/s 366 I.P.C., Police Station-Mitauli, District-Kheri, Contained as Annexure No. 1 to this petition.

(b) To pass any other writ, order or direction which this Hon'ble Court may deem fit just and proper in the circumstances of the case."

¶3Learned counsel for the petitioners submits that petitioners have already solemnized marriage with each other and they are major, but the respondent No. 4 who is the brother of the girl is not happy with their marriage and has lodged the first information report on 04.06.2023 under Section 366 I.P.C. against the petitioner No. 1-Kanhaiya @ Vivek Kumar Dixit, on account of which police is harassing them and is adamant to arrest the petitioner No. 2.

¶4Learned A.G.A. submits that from the documents annexed as well as the averments made in the writ petition it appears that both the petitioners are major, have solemnized marriage on their own volition and are living as husband and wife, therefore, they may be given protection as has been held by Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. & another : 2006 AIR SCW 3499.

¶5After considering the submissions as advanced by the learned counsel for the parties and after perusal of record, it appears that both the petitioners are major, have married with each other on their own volition and they are living together as husband and wife, but as there is a first information lodged against the petitioner No. 1, we direct that no coercive action shall be taken against the petitioners herein pursuant to the impugned F.I.R. till the submission of police report under Section 173(2) Cr.P.C., provided petitioners will cooperate in the investigation and they shall also cooperate with the Investigating Officer for recording of statements of the girl under Sections 161 and 164 Cr.P.C. as also for her medical examination for determination of her age.

¶6With the above direction/ observation, the present writ petition is finally disposed of. Order Date :- 8.6.2023 Mustaqeem High Court of Judicature at Allahabad, Lucknow Bench