Disposed

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

Allahabad HC9 Aug 2024CRLP/5786/2024

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR under Section 87 BNS registered after petitioners married of their own free will. Court issued notice, fixed counter-affidavits, and granted interim protection from arrest till next listing, subject to cooperation in investigation.

What did the court decide?

Interim direction that petitioners not be arrested pursuant to the impugned FIR till next date of listing, subject to cooperation in investigation.

Smt. Manshi Devi and Another vs State of U.P. Thru. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5786 of 2024

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Petitioner :- Smt. Manshi Devi And Another Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others

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

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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 30.7.2024 registered as Case Crime No. 379 of 2024 under Section 87 BNS at Police Station, Shahabad, District Hardoi and for a direction to the respondents not to arrest the petitioners pursuant to the impugned FIR.

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It has been submitted by the learned counsel for the petitioners that petitioner no. 1 Smt. Manshi Devi is major and this fact has also been mentioned in the impugned FIR. It has further been submitted that petitioner nos. 1 and 2 got married on their own free will, copy of the marriage certificate is annexed as Annexure-4 to the writ petition, which however, is not being accepted by the family members of the petitioner no. 1, hence, they have filed the impugned FIR.

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The matter requires consideration.

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Learned AGA has accepted notice on behalf of Staterespondent nos.1 to 3.

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Issue notice to respondent no. 4 returnable at an early date. Steps to be taken within a week.

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

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List 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 impugned FIR dated 30.7.2024 registered as Case Crime No. 379 of 2024 under Section 87 BNS at

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Police Station, Shahabad, District Hardoi, 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 2 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.

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

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Order Date :- 9.8.2024 AKK

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

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

Case brief

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

Case brief

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