Disposed

Amir and 3 Others v. State of Uttar Pradesh and 3 Others

Allahabad HC2 Dec 2024CRLP/21922/2024

Case brief

AI extract

What is this about?

Madras High Court disposed criminal miscellaneous writ petition. While condoning the argument that marriage was solemnized by major parties freely, the court directed recording of daughter's statement to determine medical age before deciding on the merits or arresting petitioners.

What did the court decide?

Restrained respondents from arrest for two months. Directed recording of daughter's statement under Section 180 BNSS and before CJM under Section 183 BNSS within two weeks for age determination.

Amir and 3 Others vs State of Uttar Pradesh and 3… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:189501-DB

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 21922 of 2024

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Petitioner :- Amir And 3 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prabhakar Pal,Rajesh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioners and Sri Shashidhar Pandey, learned AGA for the State.

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This writ petition has been filed praying to quash the first information report dated 7.11.2024 registered as Case Crime No. 665 of 2024, under sections 137(2), 87, 115(2), 352, 351(2) Bhartiya Nyaya Sanhita (B.N.S.), P.S. Ramgarh, District-Firozabad and not to arrest the petitioners pursuant to the said FIR.

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Learned counsel for the petitioners submits that petitioner no. 1 Amir and daughter of respondent no. 4 Shifa are major they have solemnized marriage out of their own free will and as such no offence under the aforesaid sections is made out.

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Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of daughter of respondent no. 4 namely, Shifa under Section 180 BNSS and also produce her before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, daughter of respondent no. 4 namely, Shifa appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and, thereafter, the Investigating Officer shall proceed in accordance with law.

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For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 2.12.2024 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Amir and 3 Others v. State of Uttar Pradesh and 3 Others

Case brief

What is this about?

What did the court decide?

Amir and 3 Others v. State of Uttar Pradesh and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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