Disposed

Manish @ Monu and 3 Others v. State of U.P. and 3 Others

Allahabad HC16 Jul 2024CRLP/11907/2024

Case brief

AI extract

What is this about?

This Court disposed of the Criminal Miscellaneous Writ Petition seeking quashal of an FIR under Section 363 and 506 of IPC. The petitioners argued that the minor co-accused is now a major who married the petitioner. The Court directed the authorities to release the petitioner from Nari Niketan with liberty to stay with her fiancé as per her recorded statement.

What did the court decide?

Released the petitioner No. 2 from Nari Niketan, Varanasi, with liberty to stay with petitioner No. 1 as per her statement, and directed authorities to show cause if not complied with.

Manish @ Monu and 3 Others vs State of U.P. and 3… — Service and Employment | Allahabad HC (2024)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11907 of 2024

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Petitioner :- Manish @ Monu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pallavi Mishra,Vivek Prakash Mishra Counsel for Respondent :- G.A.

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Hon'ble Arvind Singh Sangwan,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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This writ petition has been filed with a prayer to quash the impugned First Information Report dated 12.04.2024 registered as Case Crime No. 0138 of 2024 under Section 363 & 506 of IPC at Police Station - Shivpur, District - Varanasi.

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Counsel submits that the date of birth of petitioner No.2, Deepa Kumari, who is the daughter of the informant/opposite party No.4 is 25.03.2006 as per the High School (10th) Examination Result and, therefore, petitioner No.2 is above 18 years of age.

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Counsel submits that both petitioner No.1 and petitioner No.2 have performed marriage and, therefore, no offence under Section 363 of IPC is made out.

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It is submitted that petitioner No.2 herself has given an application to the Commissioner of Police, Varanasi on 2.5.2024 stating the she has performed marriage with petitioner No.1 and, therefore protection be given to both of them but, no action was taken rather petitioner No.2 has been sent to Nari Niketan, Varanasi.

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Counsel for the petitioners has also submitted that the statement of petitioner No.2 has been recorded before the Magistrate under Section 164 of Cr.P.C. in which, she has stated that she is major and she has performed marriage with petitioner No.1 and want to reside with him. However, copy of the statement has not been supplied to the petitioner and despite that, she has been sent to Nari Niketan, Varanasi.

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Learned A.G.A. for the State has accepted notice on behalf of respondent Nos. 1 to 3.

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List the matter on 22.07.2024 as fresh.

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In the meantime, the Commissioner of Police, Varanasi as well as the Chief Judicial Magistrate, Varanasi are directed to ensure that the petitioner No.2 is released from the Nari Niketan, Varanasi with liberty to stay with petitioner No.1 as per her statement under Section 164 Cr.P.C.

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It is made clear that if this order is not complied with, the Commissioner of Police, Varanasi, will remain present before this Court on the next date of hearing.

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Order Date :- 16.7.2024 DKS

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Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad

Manish @ Monu and 3 Others v. State of U.P. and 3 Others

Case brief

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Manish @ Monu and 3 Others v. State of U.P. and 3 Others

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