Smt Anjali Yadav and Another v. State of Up and 2 Others
Case brief
What is this about?
Writ petition seeking quashing of an FIR under section 366 IPC alleging the 19-year-old victim went with petitioner no.2 of her own will and married him. Court issued notice, sought counter affidavit, and directed that petitioners shall not be arrested till next date of listing.
What the court decided
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12135 of 2024
Petitioner :- Smt Anjali Yadav And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Mohd. Kamar Shah Alam Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J. Hon'ble Surendra Singh-I,J.
- Heard learned counsel for the petitioners, learned A.G.A. and perused the record.
- Learned counsel for the petitioners has submitted that as per the allegations made in the F.I.R, the victim is a major girl aged about 19 years.
- Learned counsel for the petitioners has next submitted that the petitioner no.1, out of her own free will and consent, has gone with the petitioner no.2 and has married with the petitioner no. 2 on 6.6.2024 and is living peacefully with him and as such, the impugned F.I.R. is liable to be quashed.
- Matter requires consideration.
- Issue notice to respondent no. 3 returnable within three weeks.
- Learned A.G.A. prays for and is granted three weeks time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within one week thereafter.
Parties & counsel
- petitioner
Smt Anjali Yadav And Another
- respondent
State Of Up And 2 Others
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- CRLP/12135/2024
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