Partly allowed

Shiva Rathaur and Another v. State of U.P. Thru. Secy. Home U.P. Lko. and 3 Others

Allahabad HC4 Oct 2024CRLP/7557/2024

Case brief

AI extract

What is this about?

Petitioners opposed to their marriage filed a writ petition seeking quashing of an FIR under Sections 74 and 308(2) BNS. The High Court prima facie found a case for interim relief, stayed the arrest of the petitioner, and directed registration of a statement under Section 183 BNSS.

What did the court decide?

Stay on arrest of petitioner; directions to IA to record statement under Section 183 BNSS; notice issued to respondent no. 4.

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

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7557 of 2024 Petitioner :- Shiva Rathaur And Another Respondent :- State Of U.P. Thru. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Rizwanul Haque Ansari,Santi Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,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 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 reliefs:-

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"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 23.9,2024 registered with police station Majhgai, District Kheri at Crime No.307 of 2024, under sections 74, 308 (2) B.N.S., contained as Annexure-1 to this petition."

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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.1, hence, the impugned First Information Report has been lodged.

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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 three weeks.

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Rejoinder affidavit, if any, may be filed within one week thereafter.

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List thereafter.

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Till the next date of listing or till submission of police report, 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.1 before the Magistrate concerned for recording her statement under Section 183 BNSS, 2023 as expeditiously as possible.

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Order Date :- 4.10.2024 Anupam

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(Ajai Kumar Srivastava-I,J.) (Attau Rahman Masoodi,J.)

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Digitally signed by :- ANUPAM SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shiva Rathaur and Another v. State of U.P. Thru. Secy. Home U.P. Lko. and 3 Others

Case brief

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Shiva Rathaur and Another v. State of U.P. Thru. Secy. Home U.P. Lko. and 3 Others

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