Smt. Prachi Maurya and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC16 Oct 2024CRLP/7614/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under Section 363 IPC registered against a couple who claim to be adults and to have married by choice. Court issued notice and interim direction that petitioners not be arrested pending next listing, subject to cooperation with investigation, statement recording, and registration of marriage.

What did the court decide?

Notice issued; counter affidavit within four weeks; petitioners not to be arrested till next date unless sufficient credible evidence or found minors at marriage.

Smt. Prachi Maurya and Another vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7614 of 2024

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Petitioner :- Smt. Prachi Maurya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Sachin Verma,Praveen Kumar Pandey

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Counsel for Respondent :- G.A.

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

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Heard Shri Sachin Verma, learned Counsel for the petitioners, Shri Shiv Nath Tilhari, learned A.G.A-I for the State-respondent Nos.1 to 3 and perused the material placed on record.

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By means of this petition, the petitioners have sought quashing of F.I.R. dated 24.04.2024 bearing Case Crime No.0035 of 2024 for the offence under Sections 363 I.P.C. registered at Police Station-Fursatganj, District-Amethi.

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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 on 01.10.2024 as per Hindu Rites and Rituals in Arya Samaj, Shivpuri Kamta, Chinhat, Lucknow. The copy of the marriage certificate issued by the Arya Samaj has been annexed as Annexure No.2 to the writ petition. As per High School mark-sheet of petitioner no.1 her date of birth is 29.09.2006 and date of birth of petitioner no.2 is 01.01.2002. In view of the above, he says that no offence under Section 363 I.P.C. is made out.

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Considering the aforesaid, let notice be issued to respondent No.4.

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

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List this case after four weeks.

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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.

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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 183 B.N.S.S. 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 of listing.

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

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Order Date :- 16.10.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Smt. Prachi Maurya and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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Smt. Prachi Maurya and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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