Disposed

Ravendra Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Others

Allahabad HC4 Apr 2024CRLP/2356/2024

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition seeking quashing of F.I.R. u/s 366 IPC regarding alleged forced marriage. Court prima facie notes a case for consideration, allows counter affidavit, imposes non-arrest order pending sufficient evidence, and remands investigation to its logical conclusion with statement recording.

What did the court decide?

Interim non-arrest order granted pending sufficient evidence. Counter affidavit and rejoinder required. Investigation to proceed logically with statements recorded.

Ravendra Kumar and Another vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2356 of 2024

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Petitioner :- Ravendra Kumar And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others

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Counsel for Petitioner :- Sachida Nand Tiwari Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Sri Sachin Tiwari, Advocate and Sri Subodh Kumar Yadav, Advocate have filed their joint Vakalatnama on behalf of respondent no.3 complainant today in Court and same is taken on record.

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Heard learned counsel for petitioners, Sri Sachin Tiwari, learned counsel for respondent no.3 and learned A.G.A. for the State-respondents.

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By means of this petition, the petitioners have sought quashing of F.I.R. dated 14.03.2024 bearing Case Crime No.0071 of 2024 for the offence under Section- 366 I.P.C. registered at Police Station-Manjhila, District-Hardoi.

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The contention of petitioners' counsel is that petitioner nos.1 and 2 have married each other of their own volition and on the date of their marriage i.e. on 11.03.2024, they were of the age of majority. In view of the above, he says that no offence under Section 366 I.P.C. is made out. He has invited our attention to the mark-sheet of Class-X of petitioner no.2 in which her date of birth is shown as 15.07.2000. He has also invited our attention to the Certificate of Registration of Marriage which is annexed as Annexure No. 4 to the writ petition. As the marriage was against the wishes of the family members, therefore, it is

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alleged that the Police is harassing them at their instance.

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Prima facie a case for consideration is made out.

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Let counter affidavit be filed in the matter within four weeks.

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Rejoinder affidavit, if any, be filed within one week thereafter.

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List this case after four weeks showing name of Sri Sachin Tiwari, Advocate and Sri Subodh Kumar Yadav, Advocate, as counsel for respondent no.3.

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It is provided that until further orders, petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R. and/or they are found to have been minors on the date of their marriage. However, petitioners shall appear before the investigating officer to get their statements recorded. Investigating officer shall also take steps for recording of statement of petitioner no.2 before the magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion.

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Order Date :- 4.4.2024 Arti/-

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[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Ravendra Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Others

Case brief

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Ravendra Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Others

Case brief

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