Shanti Devi and Others v. Stateof U.P. Thru. Prin. Secy. Home Lko and Others

Allahabad HC5 Sept 2024CRLP/6546/2024

Case brief

AI extract

What is this about?

Petitioners challenged an FIR under B.N.S., 2023, alleging marital status and age exemptions. The Court issued notice to the State, required a counter affidavit, and directed the investigating officer to record statements and conduct full investigation pending the final hearing.

What did the court decide?

Notice issued to opposite party No.4; counter affidavit required within four weeks; temporary stay on arrest pending investigation unless credible evidence of minor status is shown.

Shanti Devi and Others vs Stateof… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6546 of 2024

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Petitioner :- Shanti Devi And Others

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Respondent :- Stateof U.P. Thru. Prin. Secy. Home Lko And Others

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Counsel for Petitioner :- Kaushal Kishore 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 28.08.2024 bearing Case Crime No.0354 of 2024 for the offence under Sections 84,115(2),352,351(3),126(2) of B.N.S., 2023 registered at Police Station Mahmudabad, District Sitapur.

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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 20.08.2024 as per Hindu Rites and Rituals in Arya Samaj Shivpuri Kamta, Chinhat, District Lucknow. The copy of marriage certificate has been annexed as Annexure No.2 to the writ petition. As per High School Certificate of petitioner no.1 her date of birth is 31.12.1998 and in the F.I.R. also the age of petitioner no.1 is mentioned as 24 years. In view of the above, he says that no offence under Section 84 of B.N.S., 2023, is made out.

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Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017, within a period of four weeks.

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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. List this case after four weeks.

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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 they are 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.

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.) Order Date :- 5.9.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Shanti Devi and Others v. Stateof U.P. Thru. Prin. Secy. Home Lko and Others

Case brief

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Shanti Devi and Others v. Stateof U.P. Thru. Prin. Secy. Home Lko and Others

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