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2005 Supreme(All) 1089
ALLAHABAD HIGH COURT
A.K.Yog, Rakesh Sharma
NITIN AGNIHOTRI
Versus
STATE OF U P
Decided On : 28 June 2005
W. P. No. 4120 (M/b) of 2005
Meena Verma, Sanjay Dixit, Shiv Kumar Srivastava,
The central legal point established in the judgment is the abuse of process of law and the right to live as per one's choice under the rule of law.
Headnote:
F. I. R. - Marital Dispute - Section 366, I. P. C. - Case Crime No. 165 of 2005 - Summary of Acts and Sections: The court discussed the abuse of process of law, coercion, and the right to live as per one's choice under the rule of law. The judgment also highlighted the misuse of power by the authorities and the need for impartiality in law enforcement.
Fact of the Case:
The case involved a marital dispute where the wife, Neena Agnihotri, expressed her willingness to stay with her husband, Nitin Agnihotri, but was pressurized by the respondents to return to her father's house. The court found that the F. I. R. against Nitin Agnihotri was made with an oblique motive.
Finding of the Court:
The court found that the F. I. R. was lodged to coerce the petitioner and his family members and that there was no criminal history of the accused persons. The court also noted the abuse of process of law and quashed the F. I. R. and all consequential proceedings.
Issues: The issues involved coercion, abuse of process of law, and the right to live as per one's choice under the rule of law.
Ratio Decidendi: The court's decision was based on the finding that the F. I. R. was made with an oblique motive, the absence of criminal history of the accused persons, and the abuse of process of law.
Final Decision: The court allowed the writ petition, quashed the F. I. R. and all consequential proceedings, and awarded penal costs against the respondents.
The A. P. P. informs that they are in judicial custody under orders of Special Chief Judicial Magistrate. The Registrar, High Court , Lucknow Bench is directed to procure the original record of the said Case Crime No. 165 of 2005, pending in the Court of Special C. J. M. (Custom), Lucknow and produce the same at 10. 15 a. m. tomorrow.
Ms. Neena Agnihotri has filed her own affidavit in support of the present writ petition filed by the Nitin Agnihotri (an enrolled Advocate) to support the averments made in the writ petition by the petitioner, Nitin Agnihotri.
Smt. Neena Agnihotri (i. e. Neena Arora) has stated before us that she is 25 years of age. She has done post graduation and working as teacher.
On being examined by us she has categorically stated that she has willfully and voluntarily, considering all pros and cons, married the petitioner. . Nitin Agnihotri and wants to stay with her said husband. She has further stated that she has been pressurized by the respondents (particularly respondent Nos. 2 and 3) not to live with her husband and go back to the house of respondent No. 3 (her fathers place ).
From the demeanour of Ms. Neena Agnihotri, we are satisfied that her statement is being made without coercion, or under threat or pressure. Her statement is out of her free will. She is major and free to live wherever she desires. She can understand her good and bad and conscious of her well being.
In that view of the matter, prima facie we find that F. I. R. against Nitin Agnihotri has been made with oblique motive.
The respondents-authorities are hereby restrained to interfere with the peaceful living or raid the house of the accused persons including petitioner and said Ms. Neena Agnihotri (i. e. Neena Arora) in the aforementioned F. I. R. dated 9-6-2005 registered as Case No. 165 of 2005 under Section 366 I. P. C. , P. S. Krishnanagar, District Lucknow. Any violation of our order shall be viewed seriously.
We further direct, the District Magistrate and the Senior Superintendent of Police, Lucknow to personally ensure that respondents do not act any breach of the order passed by us today and take appropriate steps by providing such protection to their life and body as may be required. The responsibility of life and welfare of Nitin Agnihotri, his wife Neena Agnihotri and their family members (particularly the accused mentioned in the F. I. R.) shall be of the District Magistrate, Lucknow and the Senior Superintendent of Police, Lucknow and the respondent No. 2.
We further issue an ad interim order particularly against the respondent No. 3 Sardar Mahendra Singh not to resort any such act which may directly or indirectly interfere with this Courts order or else this Court shall take such action which will be deemed fit to ensure that muscle power is not above "rule of Law".
The Registrar, High Court, Lucknow Bench is directed to contact today the Senior Superintendent of Police, Lucknow for providing such protection and force as may be required so that Ms. Neena Agnihotri may go at the place she desires and stay there safely.
Ms. Neena Agnihotri shall also appear tomorrow at 10. 15 a. m. under the police force protection".
27-6-2005 Ap
Let a certified copy of this order be issued to the learned Counsel for all the concerned parties without payment of necessary charges today".
27-6-2005. "
2. Today Sardar Mahendra Singh in person, respondent No. 3, alongwith Sri Randhir Singh, Advocate appeared before us. Nitin Agnihotri/petitioner and Neena Agni
