Case No: CRIMINAL MISC. WRIT PETITION No. - 5156 of 2021

Justice: Hon'ble Surya Prakash Kesarwani.

             Hon'ble Piyush Agrawal.

Allahabad High Court while dealing with petition observed that,

The Courts need to be cautious enough to see that under the garb of personal liberty of one, the personal liberty of the victim, is not offended or under allegation of marriage with her, she is not used as a shield to escape from the offences or perpetuation of offences.

The petitioners moved a 482 Cr.P.C Application seeking quashing of an FIR dated 16.06.2021 lodged against them under sections 366, 376-D, 323, 342 IPC and section 3(2) (v) S.C. /S.T. Act

She was also forced to say to her brother-in-law that no action should be taken against the petitioners before the Court. In her statement, she also said that she was already engaged to a boy of her society and they were to marry each other in December 2021.

Learned counsel for the petitioners submits that petitioner no. 1 had married with the informant/victim/respondent no. 3 and had jointly filed Writ C No. 7852 of 2021 (Kajal Kumari & Another Vs. State of U.P. & 3 Others), which was disposed of vide order dated 12.03.2021; wherein, the learned Single Judge has observed as under:-

“Having regard to the facts and circumstances of the case, I am of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Senior Superintendent of Police, Prayagraj i.e., respondent no.2, with a computerized copy of this order, who shall provide immediate protection to the petitioners.”

Further Court observed that,

Facts of the present case, prima facie, disclose that the petitioner no. 1, firstly, kidnapped the informant/respondent/ victim and thereafter, under coercion and threat, showed marriage to her and also obtained protection by filing Writ petition.

Hence the court dismissed the writ petition.