Disposed

Komal Rathaur and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. U.P. Lko. and Others

Allahabad HC17 Sept 2024CRLP/6885/2024

Case brief

AI extract

What is this about?

The court issued notice to the State and directed filing of counter affidavit. It imposed restrictions on arrest until sufficient evidence or minor status is found, mandated recording of inquiry statement, and ordered marriage registration under U.P. rules.

What did the court decide?

Notice issued to opposite party; disclosure of counter affidavit required; interim protection from arrest subject to investigation steps; marriage registration mandated.

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

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 6885 of 2024

¶3

Petitioner :- Komal Rathaur And Another

¶4

Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Gaurav Agarwal,Vaibhav Shukla Counsel for Respondent :- G.A.

¶5

Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶6

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

¶7

By means of this petition, the petitioners have sought quashing of F.I.R. dated 15.06.2024 bearing Case Crime No.170 of 2024 for the offence under Sections-363, 366 I.P.C. registered at Police Station-Malihabad, District-Lucknow.

¶8

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 20.8.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.5 to the writ petition. As per High School mark-sheet of petitioner no.1 her date of birth is 20.08.2006 and as Aadhar Card, date of petitioner no.2 is 01.01.1996. In view of the above, he says that no offence under Section 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 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. Meanwhile, petitioners shall also get their marriage before the Marriage Registration Authority under the U.P. Marriage Registration Rules, 2017 and produce the Marriage Certificate before this Court on the next date.

¶13

Order Date :- 17.9.2024 Arti/-

¶14

[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

¶15

Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Komal Rathaur and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Komal Rathaur and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. U.P. 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

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

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

Pradeep Alias Pradeep Kumar (as Per Adhar Card Pradeep Kumar) vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Deptt. and Others

Rahul Maurya and Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others