Disposed

Deepak Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC9 Aug 2024CRLP/5774/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under Section 87 BNS alleging child marriage. The High Court granted an interim stay on arrest, directed marriage registration, and ordered notice to respondents before determining the merits. The order remains interim pending counter-affidavits.

What did the court decide?

Interim stay on arrest; direction to register marriage; notice issued to respondents; time granted to file counter-affidavits.

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

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 5774 of 2024

¶3

Petitioner :- Deepak Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others

¶4

Counsel for Petitioner :- Ravindra Kumar Yadava,Ram Suphal

¶5

Counsel for Respondent :- G.A.

¶6

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

¶7

Heard learned counsel for the petitioners and learned AGA who appears on behalf of State-respondents.

¶8

This petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing the First Information Report dated 2.8.2024 registered as Case Crime No. 0229 of 2024 under Section 87 BNS at Police Station, Sajesultanpur District Ambedkarnagar and for a direction to the respondents not to arrest the petitioners pursuant to the impugned FIR.

¶9

Learned counsel for the petitioners submits that petitioner nos. 1 and 5 both are major and got married on their own volition, which however, is not being accepted by the family members of the petitioner no. 5, hence, they have filed the impugned FIR. He further submits that on the date of their marriage, they were of marriageable age. Petitioner No.5 has annexed photocopy of High School Marks-sheet as Annexure - 2 in this regard as proof of age wherein her date of birth is mentioned as 31.7.2005. Petitioner No.1 has also annexed photocopy of High School Mark-sheet as Annexure-2 in support of his age proof wherein his date of birth is mentioned as 27.7.2001. He also submits that as the petitioners were of marriageable age at the time of marriage no offence under Section 87 BNS is made out.

¶10

The matter requires consideration.

¶11

Learned AGA has accepted notice on behalf of Staterespondent nos.1 and 2.

¶12

Issue notice to respondent no. 3 returnable at an early date. Steps to be taken within a week.

¶13

All the respondents are accorded three weeks time to file counter-affidavit. A week's time, thereafter, is granted to

¶14

file rejoinder affidavit.

¶15

8. List after four weeks.

¶16

Considering the submissions made, it is provided that till the next date of listing, petitioners shall not be arrested in pursuance to the impugned FIR dated 2.8.2024 registered as Case Crime No. 0229 of 2024 under Section 87 BNS at Police Station, Sajesultanpur District Ambedkarnagar, unless there is sufficient and cogent evidence available against the petitioners indicating commission of any offence by them as alleged in the impugned FIR and/or that on the date of marriage the petitioners no. 1 and 5 were not of marriageable age. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when he is called. If they do not do so then it can be a ground for seeking vacation of this inter interim order.

¶17

The petitioners are also directed to get their marriage registered under the "Uttar Pradesh Marriages Registration Rules, 2017" and produce the registration certificate on the next date of listing.

¶18

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

¶19

Order Date :- 9.8.2024 AKK

¶20

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Deepak Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Deepak Kumar and Others 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

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rajjan Lal Yadav vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Nadeem vs State of U.P Thru. Prin. Secy. Home Lko. and Others

Smt. Rashmi and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Smt. Muskan and Another vs State of U.P. Thru. Secy. Home U.P. Lko. and Others

Smt. Manshi Devi and Another vs State of U.P. Thru. Secy. Home Lko. and Others

Smt. Uma Devi @ Uma and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Others