Disposed

Shyamu and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Allahabad HC30 Jan 2024CRLP/676/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition challenging an FIR under Section 366 IPC regarding a consensual Hindu marriage, the court granted an interim stay of arrest, directed the production of the female petitioner, and set timelines for filing affidavits.

What did the court decide?

Stay of arrest, order to produce female petitioner for statement, directives for filing affidavits.

Shyamu and Another vs State of U.P. Thru. Secy… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 676 of 2024

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Petitioner :- Shyamu And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Prabhu Sharan,Divyani Mishra,Yogendra Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State/respondent and perused the impugned F.I.R. as well as material brought on record.

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The instant writ petition has been filed by the petitioners with the following main relief:

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"i) Issue a writ order or direction in the nature of certiorari for quashing the first information report lodged on 17.01.2024 by the opposite party no.4 against the petitioners in Case Crime/F.I.R. No.0037 of 2024, under Section 366 I.P.C. at Police Station Bilgram, District Hardoi, in the interest of justice.

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ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly opposite party no.3 not to arrest or adopt any coercive process, against the petitioner no.1 in respect of the impugned first information report lodged on 17.01.2024 in Case Crime/F.I.R. No.0037 of 2024, under Section 366 I.P.C. at Police Station Bilgram, District Hardoi against the petitioner no.1."

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It has been argued by learned counsel for the petitioners that both the petitioners are major, who, on their own volition and free will have got married with each other in accordance with Hindu rites and rituals. However, since this marriage is not being accepted by the family members of the petitioner no.2, hence, the impugned First

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Information Report has been lodged. The petitioners have also registered their marriage under the Uttar Pradesh Marriage Registration Rules, 2017.

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Considering the aforesaid facts and circumstances of the case, prima facie, a case for interim relief is made out.

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Since learned A.G.A. has put in appearance on behalf of respondents no. 1 to 3, hence no fresh notices need to be issued to them.

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Issue notice to respondent no. 4 returnable at an early date.

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Steps be taken within a week.

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Let a counter affidavit be filed within four weeks.

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Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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10. List this case on 12.03.2024.

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioner No.1 in pursuance of the impugned F.I.R. shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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In the meantime, the Investigating Officer shall also produce the petitioner no.2 before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. as expeditiously as possible.

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Order Date :- 30.1.2024 Mahesh

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

Shyamu and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

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Shyamu and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

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