Hon’ble Allahabad High Court while dealing with the petition here on 15-03-2019 in the case of “Om Pal Singh and Others v. State Of U.P. And 3 Others” stated that quashing of any criminal proceedings depends upon the nature of allegations levelled against the petitioners.
BRIEF FACTS OF THE CASE
Petitioner has performed marriage with Sarita, a major girl on 10.02.2019 against the wishes of respondent no.4 and as such there is no legal hindrance in the said marriage. The couple wanted to live happily, but respondent no.4 is creating one or the other problems.
Thus, this writ petition was been filed by the petitioners, seeking quashment of FIR dated 23.2.2019 in respect of Crime No.48 of 2019 for the offence under Sections 366 and 506 of IPC, P.S. Islam Nagar, District Badaun.
DECISION OF THE COURT
Hon’ble court held that quashing of any criminal proceedings depends upon the nature of allegations levelled against the petitioners.
Thus, the petition was disposed with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned. It is made clear that this order would remain
Read the full Judgement Here-
http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7097310