Allowed

Khushboo @ Khushbu Bharti and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Govt. Lko. and Others

Allahabad HC6 May 2024CRLP/3202/2024

Case brief

AI extract

What is this about?

A criminal writ petition seeking quashing of an FIR for abduction and child marriage. The court observed that two petitioners are major and voluntarily married. A notice to the opposite party was issued, a counter affidavit required, and temporary bail granted unless minors or new evidence arise.

What did the court decide?

Notice issued to opposite party no.4; counter affidavit filed within four weeks; temporary bail granted pending further proceedings; investigation directed to conclude; statements to be recorded under

Khushboo @ Khushbu Bharti and Others vs State of… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3202 of 2024

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Petitioner :- Khushboo @ Khushbu Bharti And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt. Lko. And Others Counsel for Petitioner :- Sooraj Lal,Prahlad Singh 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 28.04.2024 bearing Case Crime No.0075 of 2024 for the offence under Sections-363, 366, 504, 506 I.P.C. registered at Police Station-Khodare, District-Gonda.

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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 17.04.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.4 to the writ petition. Petitioner nos. 1 and 2 have also proceed for registration of their marriage before the Marriage Registration Authority. As per High School Marksheet of petitioner no.1 her date of birth is 02.08.2005 and in Family Register age of petitioner no.2 is mentioned as 06.05.2002. 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 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. Petitioner nos. 1 and 2 shall also placed the Certificate of Registration of Marriage issued by the Marriage Registration Authority before this Court on the next date.

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Order Date :- 6.5.2024 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

Khushboo @ Khushbu Bharti and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Govt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Khushboo @ Khushbu Bharti and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Govt. Lko. and Others

Case brief

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