Disposed

Smt. Kusum Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Others

Allahabad HC1 Oct 2024CRLP/7399/2024

Case brief

AI extract

What is this about?

High Court granted short adjournment to amend writ petition alleging police harassment against petitioners whom the State charged under Section 363 IPC. Court stayed arrests pending presentation of sufficient evidence or proof of minority at marriage.

What did the court decide?

Stay of arrests on condition of producing statements and sufficient evidence pending further proceedings.

Smt. Kusum Yadav and Another vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7399 of 2024

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Petitioner :- Smt. Kusum Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Pradeep Kumar Yadav,Ram Prakash Verma 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 petitioners and learned A.G.A. for the State.

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This petition seeks issuance of a writ in the nature of certiorari quashing the First Information Report dated 10.08.2021 bearing Case Crime No.0399 of 2021, under Section 363 I.P.C., Police Station-Lambhua, District-Sultanpur.

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Learned A.G.A. on instructions states that certain other sections have also been added against petitioner no.2 during course of investigation. Learned counsel for petitioner prays for short adjournment to file amendment application to amend the writ petition.

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Permission is granted.

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Let amendment application be filed by petitioner by 24.10.2024.

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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 as per Hindu Rites and Rituals. They have also registered their marriage before the Marriage Registrar South Zone Surat Gujrat on 05.10.2023 and the Marriage Certificate is annexed as Annexure No.2 to the writ petition. As per School Leaving Certificate of petitioner no.1 her date of birth is

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10.06.2005 and as per High School Mark-sheet of petitioner no.2, his date of birth is 17.08.2002. Further, petitioners are also having two children aged around two years and five months. As the marriage was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance.

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

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

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List this case on 24.10.2024.

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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.

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Order Date :- 1.10.2024 Arti/-

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[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]

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

Smt. Kusum Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Others

Case brief

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Smt. Kusum Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Others

Case brief

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