Disposed

Smt. Richa Devi and Another v. State of U.P. and 3 Others

Allahabad HC1 Oct 2021CRLP/7743/2021

Case brief

AI extract

What is this about?

In a criminal special leave petition challenging an FIR under Sections 363 and 366 IPC for kidnapping and abducting a girl to marry, the court disposed of the matter by directing the petitioners to appear before the Child Welfare Committee for age determination under Section 94 of the Juvenile Justice Act, pending which their arrest was stayed for four weeks.

What did the court decide?

Petitioners directed to appear before Child Welfare Committee for age determination; arrest stayed for four weeks.

Smt. Richa Devi and Another Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7743 of 2021

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Petitioner :- Smt. Richa Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Verma Counsel for Respondent :- G.A.,Sandeep Kumar

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and learned counsel for informantrespondent No.4.

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This writ petition has been filed praying for following reliefs:-

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"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 29.7.2021 lodged by respondent No. 4 as Case Crime No. 0088 of 2021 Under Section 363, 366 I.P.C., Police StationHathgaon, District Fatehpur.

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II. Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful matrimonial life of the petitioner No. 1 and 2 living as husband and wife and not to cause any unwarranted harassment of the petitioners forever.

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III. Issue a writ, order or direction in the nature of mandamus directing the respondents specially State Agency to provide the safeguard to the petitioner's life and living their husband and wife from unwarranted/harassment interference of the respondent No.4."

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As per the F.I.R. version, the victim girl is aged about 17 years. As per statement of the victim girl, recorded by the Police u/s 161 Cr.P.C., her date of birth is 1.1.2004. In her statement recorded u/s 164 Cr.P.C. the victim girl has stated her age to be 18 years and she has further stated that she is studying in Class12.

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Learned A.G.A. states that as per High School certificate, date of birth of the victim girl is 1.1.2004.

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Be that as it may, with the consent of learned counsel for both the parties, this writ petition is being disposed off, directing that the petitioners shall appear before the Child Welfare Committee, Fatehpur, within a period of three weeks, if not produced so far, and in that event the Child Welfare Committee shall determine the age of the victim girl in accordance with the provisions of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015, and shall pass further orders in accordance with law.

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With the aforesaid observation, the writ petition is disposed off.

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It is provided that for a period of four weeks or till passing of the order by the Child Welfare Committee, whichever is earlier, the petitioners shall not be arrested.

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Order Date :- 1.10.2021 Vandana

Smt. Richa Devi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Richa Devi and Another v. State of U.P. and 3 Others

Case brief

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