Disposed

Khushi Kashyap and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC26 Jul 2024CRLP/3829/2024

Case brief

AI extract

What is this about?

Court granted interim protection against arrest for petitioners in a case under Sections 363 and 366 IPC involving a minor alleged victim. The husband and wife submitted marriage and birth records. Court directed cooperation with investigation and recording of statement under Section 164 Cr.P.C.

What did the court decide?

Interim protection against arrest granted; directed cooperation in investigation and recording of statement under Section 164 Cr.P.C.

Khushi Kashyap and Another vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:41174-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3829 of 2024

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Petitioner :- Khushi Kashyap And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Manmohan Lal Shukla 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 Mohammad Irfan, Advocate has put in appearance on behalf of the informant/opposite party No.4 by filing Vakalatnama alongwith short counter affidavit, which are taken on record.

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Heard learned counsel for the parties and perused the record.

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The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 09.05.2024 bearing Case Crime No.0377 of 2024 under Sections 363 & 366 IPC, Police Station- Kotwali Sadar, District- Kheri.

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As per high school certificate, the girl would be completed 18 years on 31.01.2025.

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Learned counsel for the petitioners states that the age given in the high school certificate is not correct age and he has filed the birth certificate in which the date of birth of the petitioner No.1/girl is shown as 01.02.2006. He further submits that he would be filing further document in his rejoinder affidavit to controvert the claim made in the counter affidavit. Both the petitioners have married each other of their own volition on 15.05.2024, and annexed photographs with marriage certificate issued by Arya Samaj Sector H. (Harsh Vihar Purania) Aliganj, Lucknow, which is annexed as Annexure No.3 to the writ petition.

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State- respondents is granted ten days' time to file counter affidavit.

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Ten days' time, thereafter, is granted to file rejoinder affidavit. List this case after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, petitioners shall not be arrested in pursuance to the First Information Report dated 09.05.2024 bearing Case Crime No.0377 of 2024 under Sections 363 & 366 IPC, Police Station- Kotwali Sadar, District- Kheri. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. Petitioner No.1(girl) shall also record her statement under Section 164 Cr.P.C.. If, they do not do so then it can be a ground for seeking vacation of this interim order.

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

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Order Date :- 30.5.2024 Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Khushi Kashyap and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Khushi Kashyap and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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