Along with issuing interrogatory notice and procedural directions, this High Court provided interim non-arrest protection pending the filing of a counter-affidavit and investigation conclusion, considering the petitioner's claim of minor status at the time of marriage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 7657 of 2024
Petitioner :- Sheetal Devi @ Sheetal Sharma And Another Respondent :- State Of U.P Thru. Prin. Secy. Home Lko. And 3 Others
Counsel for Petitioner :- Manish Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.
Heard learned counsel for petitioners and learned A.G.A. for the State.
By means of this petition, the petitioners have sought quashing of F.I.R. dated 20.09.2024 bearing Case Crime No.0240 of 2024 for the offence under Sections 137(2), 87 of B.N.S.,2023 registered at Police Station Auras, District Unnao.
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 07.09.2024 as per Hindu Rites and Rituals in Arya Samaj Azad Nagar Kalyanpur, Kanpur Nagar. The copy of marriage registration certificate has been annexed as Annexure No.4 to the writ petition. As per school leaving certificate (Annexure No.2 to the writ petition) the date of birth of petitioner no.1 is 09.03.2006 and in the F.I.R. also the age of petitioner no.1 is mentioned as 17 years. In view of the above, he says that no offence under Section 137(2),87 of B.N.S., 2023 is made out.
Considering the aforesaid, let notice be issued to opposite party no.4.
Let counter affidavit be filed in the matter within four weeks.
List this case after four weeks.
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.
(Om Prakash Shukla,J.) (Vivek Chaudhary,J.)
Order Date :- 16.10.2024 Arjun/-
Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the alleged marriage between minors constitutes an offence under Sections 137(2), 87 of B.N.S., 2023.
Sheetal Devi @ Sheetal Sharma And Another
State Of U.P Thru. Prin. Secy. Home Lko. And 3 Others
Om Prakash Shukla
Vivek Chaudhary
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
