Partly allowed

Shalini Pandey and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC17 Dec 2024CRLP/7790/2024

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of a marriage FIR under Sections 137(2), 87 B.N.S. The High Court, prima facie accepting claims of voluntary marriage and lack of harassment, stayed arrest. The petitioners were directed to cooperate with investigation and record a statement under Section 164 Cr.P.C.

What did the court decide?

Interim stay on arrest of petitioners; direction to cooperate with investigation and get statement recorded under Section 164 Cr.P.C.

Shalini Pandey and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7790 of 2024

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Petitioner :- Shalini Pandey And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Pradyumn Shukla 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 learned counsel for the petitioners, learned A.G.A. appearing for the opposite party nos.1, 2 & 3 and perused the record.

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Issue notice to the opposite party no.4.

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Office shall submit service report by affixing computer generated tracking report.

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This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 27.08.2024 registered as F.I.R./Case Crime No.0203 of 2024, under Sections 137(2), 87 B.N.S., Police Station Sangram Garh, District Pratapgarh.

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Learned counsel for the petitioners has filed a supplementary affidavit today annexing the statement of Pt. Girijashanker Dubey, who conducted the marriage of the petitioners. The same is taken on record.

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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 20.07.2024 as per Hindu Rites and Rituals in Durga Temple, District Fatehpur. Petitioner no.1 has annexed a copy of her High School Marks Sheet as Annexure-2 and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-7 to the writ petition as proof of age. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 before the next date of listing.

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It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged against the petitioners only in order to harass them, as such, the arrest of the petitioners may

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be stayed.

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After hearing learned counsel for the parties and going through the record, prima faice , the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, till the next date of listing or till the filling of the police report under Section 173 (2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number. However, petitioner no.1 shall cooperate in the investigation and shall get her statement recorded under Section 164 Cr.P.C.

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Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit.

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List immediately thereafter.

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( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

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Order Date :- 22.10.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Shalini Pandey and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Shalini Pandey and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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