Writ petition seeking quashing of an FIR under Section 87 BNS alleging the petitioners' marriage involved a minor; court issued notice and interim protection against arrest pending investigation.
Interim no-arrest protection for petitioners till next listing; notice and counter affidavit called; investigation to continue.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 6749 of 2024
Petitioner :- Renu Devi And Others Respondent :- State Of U.P. Thru. Secy. Home Lko And Others Counsel for Petitioner :- Atul Kumar Pathak,Atul Kumar Singh,Munendra Kumar,Shailendra Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for petitioners and learned A.G.A. for the State.
By means of this petition, the petitioners have sought quashing of F.I.R. dated 24.08.2024 bearing Case Crime No.0537 of 2024, for the offence under Section 87 of Bhartiya Nyay Sanhita,2023, registered at Police Station Mohammadi, District Lakhimpur-Kheri.
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 18.04.2024 at Triloki Nath Mandir Powayan, Shahjahanpur. The copy of the marriage registration certificate issued by the Marriage Registration Officer has been annexed as Annexure No.3 to the writ petition. As per High School Certificate of petitioner no.1 her date of birth is 01.02.2002 and in the F.I.R. also the age of petitioner no.1 is mentioned as 20 years. In view of the above, he says that no offence under Section 87 of Bhartiya Nyay Sanhita, 2023 is made out.
Considering the aforesaid, let notice be issued to opposite party no.4.
Let counter affidavit be filed in the matter within four weeks.
List this case after four weeks.
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.
(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)
Order Date :- 11.9.2024 Arjun/-
Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether an FIR under Section 87 BNS 2023 against a couple claiming to have married by their own free will as majors should be quashed.
2 provisions across 2 enactments
Renu Devi And Others
State Of U.P. Thru. Secy. Home Lko And Others
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
