Disposed

Sana Khatoon and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC20 Jun 2024CRLP/4318/2024

Case brief

AI extract

What is this about?

The court issued notice and directed the filing of a counter-affidavit in a writ petition seeking quashing of an F.I.R. for offences under Sections 363 and 366 I.P.C. The court granted a temporary stay on arrest pending investigation and marriage registration.

What did the court decide?

Notice issued to opposite party; counter-affidavit to be filed within three weeks; stay on arrest granted pending investigation and marriage registration.

Sana Khatoon and Others vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4318 of 2024

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Petitioner :- Sana Khatoon And Others

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Mohd. Muballi Gussalam Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, 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 12.06.2024 bearing Case Crime No.0143 of 2024 for the offence under Sections 363 and 366 I.P.C. registered at Police Station Jarwal Road, District Bahraich.

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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 12.06.2024 as per Muslim Rites and Rituals. The copy of the marriage certificate (Nikhahnama) has been annexed as Annexure No.2 to the writ petition. As per the Class-V^th and Aadhar Card of petitioner no.1 her date of birth is 10.06.2006 and as per the High School Certificate and the Aadhar Card, date of birth of petitioner no.2 is 09.05.1996. The School Certificates and Aadhar Cards of petitioners no.1 and 2 are annexed as Annexure Nos.3 and 4 2 to the writ petition and according to the documents, both the petitioners are major. In view of the above, learned counsel for petitioners says that no offence under Sections 363 and 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

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three weeks.

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List this case after three weeks.

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Office will submit service report on the basis of computer generated tracking report.

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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. Meanwhile, petitioners shall also proceed to get their marriage registered before the Marriage Registration Authority.

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(Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date:- 20.6.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Sana Khatoon and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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Sana Khatoon and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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