Disposed

Smt. Neha Shakya and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC2 Aug 2024CRLP/5524/2024

Case brief

AI extract

What is this about?

This Court addressed a Criminal Misc. Writ Petition seeking quashing of an FIR under Sections 137(2) and 87 of B.N.S., 2023 alleging bigamy. The petitioners claimed voluntary marriage by majors. An interim order was passed staying arrest and directing registration of marriage.

What did the court decide?

Petitioners not to be arrested pending plea; marriage to be registered and certificate produced.

Smt. Neha Shakya 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. - 5524 of 2024

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Petitioner :- Smt. Neha Shakya And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Roshan Lal,Vijay Kumar Counsel for Respondent :- G.A.

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

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Vakalatnama filed on behalf of respondent No.4 by Shri Vishnu Pratap Singh, Advocate is taken on record.

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Heard learned counsel for the petitioners, learned A.G.A. for the State/respondent Nos. 1 to 3 as well as learned counsel for the respondent No.4 and perused the record.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 28.07.2024, bearing Case Crime/F.I.R. No.0286/2024, under Sections 137(2), 87 of B.N.S., 2023, Police Station- Padua, District - Kheri.

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Submission of learned counsel for the petitioners is that petitioner No.1 and 2 are major and they have performed marriage on their own volition. Petitioner No.1 has enclosed copy of High School Certificate-cum-Marks sheet as Annexure - 1 in this regard as proof of age, as per which her date of birth is 18.05.2006. Petitioner No.2 has also filed copy of Aadhar Card in support of his age proof. Petitioners have also annexed copy of Marriage Certificate issued by Arya Samaj Temple, Shivpuri, Kamta, Chinhat, Lucknow. Learned counsel for the petitioners submits that the police is harassing them at the behest of family members of petitioner No.1, who are not agreeable to the marriage.

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In view of the above, case for consideration is made out.

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Let the pleadings be exchanged within four weeks.

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List thereafter.

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In view of the above, it is provided that till the next date of listing petitioners shall not be arrested in pursuance to the impugned First Information Report dated 28.07.2024, bearing Case Crime/F.I.R. No.0286/2024, under Sections 137(2), 87 of

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B.N.S., 2023, Police Station - Padua, District - Kheri, unless and until there is sufficient and cogent evidence available against them regarding commission of the offence. They shall get their statement recorded before the Police as and when they are called. If they do not do so, then it can be made a ground for seeking vacation of this interim order.

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Petitioner Nos.1 and 2 shall also get their marriage registered with the Marriage Registration Officer under the relevant rules and shall produce certificate of the same on the next date.

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

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Order Date :- 2.8.2024

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Smt. Neha Shakya and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Smt. Neha Shakya and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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