Disposed

Smt. Sarita and and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

Allahabad HC22 Apr 2024CRLP/2809/2024

Case brief

AI extract

What is this about?

The court issued notice to the opposite party and conditioned bail until the next date, observing no offence under Section 366 IPC given the petitioners' voluntary marriage at majority. It directed investigation proceeds.

What did the court decide?

Notice issued to opposite party no. 4; conditional liberty granted; investigation to proceed by recording statement under Section 164 Cr.P.C.

Smt. Sarita and and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2809 of 2024

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Petitioner :- Smt. Sarita And And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Others Counsel for Petitioner :- Santosh Kumar Tripathi,Hem Narayan Sharma Counsel for Respondent :- G.A.

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

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Heard learned counsel for petitioners and learned A.G.A. for the State.

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By means of this petition, the petitioners have sought quashing of F.I.R. dated 22.03.2024 bearing Case Crime No.103 of 2024 for the offence under Section 366 I.P.C. registered at Police Station Kurshi, District Barabanki.

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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 22.3.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Sector-H, Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.3 to the writ petition. In the F.I.R. the age of petitioner no.1 is mentioned as 20 years. In view of the above, he says that no offence under Section 366 I.P.C. is made out.

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Considering the aforesaid, let notice be issued to opposite party no.4.

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

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List this case after four weeks.

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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

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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.

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(Narendra Kumar Johari, J.) (Vivek Chaudhary, J.)

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Order Date :- 22.4.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sarita and and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

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Smt. Sarita and and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

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