The Court issued notice to the State for filing a counter-affidavit and listed the matter. Pending investigation, arrest was stayed unless sufficient credible evidence or proof of minority on the date of marriage emerges.
Notice issued to State for counter-affidavit; arrest stayed pending investigation.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 2805 of 2024
Petitioner :- Shivani Pal And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Devendra Pratap,Shashank Shekhar Singh
Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for petitioners and learned A.G.A. for the State.
By means of this petition, the petitioners have sought quashing of F.I.R. dated 10.04.2024 bearing Case Crime No.0128 of 2024 for the offence under Sections-363,366 I.P.C. registered at Police Station-Sursa, District-Hardoi.
It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 20.3.2023 as per Hindu Rites and Rituals in Arya Samaj, Yaseenpur, Hardoi. The copy of the marriage certificate issued by the Arya Samaj Yaseenpur, Hardoi has been annexed as Annexure No.2 to the writ petition. As per High School Certificate of petitioner no.1 her date of birth is 1.1.2002 and in the F.I.R. also the age of petitioner no.1 is mentioned as 21 years. In view of the above, he says that no offence under Section 366 I.P.C. is made out.
Considering the aforesaid, let notice be issued to opposite party no.4.
Let counter affidavit be filed in the matter within four weeks.
List this case after four weeks.
In view of the above, till the next date of listing, it is provided that 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 as and when they are called to get their statements recorded. Investigating officer shall also
take steps for recording of statement of petitioner no.1 before the Magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion.
(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)
Order Date :- 22.4.2024 Arjun/-
Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the High Court should issue notice to the State for counter-affidavit in a quashing petition under Sections 363 and 366 IPC alleging offences against integrated minor couples.
Whether bail is to be granted pending investigation in the aforesaid FIR until sufficient evidence or proof of minority is established.
Shivani Pal
Others
State Of U.P.
Secy. Home Deptt.
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
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