Disposed

Ruprani @ Rooprani and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC13 Sept 2024CRLP/6858/2024

Case brief

AI extract

What is this about?

Petition sought quashing of FIR regarding Sections 363, 366 IPC alleging child marriage. Court noted marriage occurred freely between majors aged 17+ and 18+. Notice issued to opposite party; counter affidavit to be filed within four weeks. Stay granted against arrest pending sufficient evidence. Direction given to record statement under Section 164 Cr.P.C.

What did the court decide?

Notice issued to opposite party. Counter affidavit within four weeks. Stay against arrest granted pending investigation and recording of statements under Section 164 Cr.P.C. Investigation to be taken

Ruprani @ Rooprani and Another vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 6858 of 2024

¶3

Petitioner :- Ruprani @ Rooprani And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

¶4

Counsel for Petitioner :- Prashant Singh,Rahul Kumar Shukla,Shivam Srivastava Counsel for Respondent :- G.A.

¶5

Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

¶6

Heard learned counsel for petitioners and learned A.G.A. for the State and perused the records.

¶7

By means of this petition, petitioners have sought quashing of F.I.R. dated 15.03.2024 bearing Case Crime No.0039 of 2024 for the offence under Sections 363,366 I.P.C. registered at Police Station Nigoha, District Lucknow.

¶8

It is stated by learned counsel for petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 13.08.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir in Sector H, Harsh Vihar, Puraniya Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir in Sector H, Harsh Vihar, Puraniya Aliganj, Lucknow has been annexed as Annexure No.2 to the writ petition. The petitioners have also annexed their Marriage Registration Certificate as Annexure No.03 to the writ petition. As per High School Certificate of petitioner no.1 her date of birth is 02.08.2006 and in the F.I.R. also the age of petitioner no.1 is mentioned as 17 years 05 months. In view of the above, he says that no offence under Sections 363,366 I.P.C. is made out.

¶9

Considering the aforesaid, let notice be issued to opposite party no.4.

¶10

Let counter affidavit be filed in the matter within four weeks.

¶11

List this case after four weeks.

¶12

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

¶13

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.

¶14

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

¶15

Order Date :- 13.9.2024 Arjun/-

¶16

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

Ruprani @ Rooprani and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Ruprani @ Rooprani and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Arun Pratap Singh and Others vs State of U.P. Thru. Prin. Secy. Home Lko and Others

Ankit Kumar vs State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Aquib Sultan vs State of U.P. Thru. Secy. Home Civil Secy. Lko. and Others

Vinod Kumar vs State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

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

Ram Anup and Others vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others