Siddhi Singh and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Allahabad HC21 Nov 2024CRLP/4670/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging kidnapping and related offences, stating they had married by free will as majors. The court issued notice to opposite party no.4, directed counter affidavit within four weeks, gave interim no-arrest protection subject to conditions, ordered Section 164 CrPC statement recording, and continued the matter.

What did the court decide?

Interim direction that petitioners shall not be arrested in Case Crime No.48 of 2024 pending next hearing, conditional on appearance before the investigating officer and recording of petitioner no.1's

Siddhi Singh 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. - 4670 of 2024

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Petitioner :- Siddhi Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Lalu Prasad Bhatt,Sachin 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 15.02.2024 bearing Case Crime No.48 of 2024 for the offence under Sections-363, 366, 352, 504, 506 I.P.C. registered at Police Station-Paliya, District-Kheri.

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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 25.06.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Puraniya, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.2 to the writ petition. As per Birth Certificate of petitioner no.1 her date of birth is 05.01.2006 and as per Birth Certificate and Aadhar Card of petitioner no.2, his date of birth is 20.05.2002. 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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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 petitioners no.1 & 2 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 & 2 shall also proceed to get their marriage registered before the Marriage Registration Authority.

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Order Date :- 2.7.2024 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

Siddhi Singh and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

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Siddhi Singh and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

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