Disposed

Shivani and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Allahabad HC13 Sept 2024CRLP/6824/2024

Case brief

AI extract

What is this about?

A criminal writ petition challenging a case concerning the validity of a marriage under Section 140(1) B.N.S. 2023. The court granted an interim stay on arrest directed the parties to exchange pleadings and listing.

What did the court decide?

Interim stay on arrest; direction to issue notice exchange pleadings; direction to record statement under Section 164 Cr.P.C..

Shivani and Another vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6824 of 2024

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Petitioner :- Shivani And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Dhirendra Pratap Singh 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 parties and perused the record.

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The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 17.08.2024 bearing Case Crime No.0290 of 2024 under Section 140(1) B.N.S. 2023, Police Station- Harchandpur, District- Raebareili.

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Learned counsel for the petitioners has submitted that both petitioners are major and they have married each other of their own volition on 21.08.2024, which however, is not being accepted by their family members. In support of her age proof, petitioner No.1 has annexed High School Certificate-cumMarks sheet as Annexure -2, as per which her Date of Birth is 25.03.2003. Petitioner No.2 has also filed Marks sheet of ClassIX in support of his age proof. The petitioners have also annexed Marriage Certificate dated 21.08.2024 issued by Arya Samaj Marriage Trust (Regd.) Section 14, Rohini New Delhi, which is annexed as Annexure No.3 to the writ petition and as the petitioners were of marriageable age at the time of marriage, no offence under Section 140(1) B.N.S. 2023 is made out.

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A case for consideration is made out.

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Issue notice to opposite party no. 4.

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Let pleadings be exchanged within four weeks.

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List this case 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 First Information Report dated 17.08.2024 bearing Case Crime No.0290 of 2024 under Section 140(1) B.N.S. 2023, Police Station- Harchandpur, District- Raebareili. The petitioners shall, however, cooperate in the investigation

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and get their statements recorded before the Investigating Officer as and when they are called. Petitioner No.1 (girl petitioner) shall also record her statement under Section 164 Cr.P.C.. If they do not do so then it can be a ground for seeking vacation of this inter interim order.

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Order Date :- 13.9.2024 Reena/-

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

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Shivani and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Case brief

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What did the court decide?

Shivani and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Case brief

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