Disposed

Nita @ Nitu and Another v. State of U.P. Thru. Secy. Home. Deptt. Lko. and Others

Allahabad HC6 Dec 2024CRLP/5970/2024

Case brief

AI extract

What is this about?

In a criminal writ petition to quash an FIR involving crimes against women, the High Court noted the parties claim of voluntary marriage and age proofs. While issuing notice and exchange of pleadings, the Court granted an interim stay on arrest pending sufficient evidence and directed marriage registration.

What did the court decide?

Interim stay of arrest; notice to Respondent No. 4; exchange of pleadings; direction to register marriage.

Nita @ Nitu and Another vs State of U.P. Thru. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5970 of 2024

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Petitioner :- Nita @ Nitu And Another Respondent :- State Of U.P. Thru. Secy. Home. Deptt. Lko. And Others Counsel for Petitioner :- Lalji Prasad Shukla 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, learned A.G.A. for the State/respondents and perused the record.

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Supplementary affidavit filed today with regard to clarification of the age of petitioner No.1, is taken on record.

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By means of this petition, the petitioners have sought quashing of the First Information Report dated 23.07.2024, bearing Case Crime/F.I.R. No.0291/2024, under Sections 363, 366 I.P.C., Police Station Sandhana, District Sitapur.

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Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage, they were of marriageable age. Petitioner No.1 has annexed copy of PAN Card as Annexure - SA-1 in this regard as proof of age, as per which her date of birth is 01.01.2006. Petitioner No.2 has also filed copy of Aadhar Card in support of his age proof. Petitioners have also filed Marriage Certificate issued by the Arya Samaj Temple, Mahavirganj, Aliganj, 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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Issue notice to Respondent No. 4.

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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 petitioner No.2 - Shivam shall not be arrested in pursuance to the impugned First Information Report, 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

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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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Petitioners shall also get their marriage registered with the Marriage Registration Officer concerned.

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

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Order Date :- 23.8.2024

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ML/-

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

Nita @ Nitu and Another v. State of U.P. Thru. Secy. Home. Deptt. Lko. and Others

Case brief

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Nita @ Nitu and Another v. State of U.P. Thru. Secy. Home. Deptt. Lko. and Others

Case brief

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