Disposed

Smt. Gyanmati Singh @ Gyanmati and Another v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Allahabad HC24 Oct 2024CRLP/7878/2024

Case brief

AI extract

What is this about?

Court issued interim stay on arrest of petitioners in quashing petition under Section 87 BNS regarding their voluntarily married status. Petitioners directed to cooperate with investigation and record statement.

What did the court decide?

Interim stay of arrest granted; petitioner directed to record statement u/s 164 Cr.P.C. and cooperate in investigation.

Smt. Gyanmati Singh @ Gyanmati and Another vs… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7878 of 2024

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Petitioner :- Smt. Gyanmati Singh @ Gyanmati And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others

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Counsel for Petitioner :- Aditya Tiwari,Pawan Kumar Tiwari 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 to 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 21.09.2024 registered as F.I.R./Case Crime No.262 of 2024, under Section 87 B.N.S., Police Station Naseerabad, District Raebareli.

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Learned counsel for the petitioners has filed a supplementary affidavit today in the Court, which 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 20.09.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Chinhat, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.SA-1 to the Supplementary Affidavit. Petitioner no.1 has annexed a copy of her High School Certificate-cum-Marks Sheet as Annexure-3 and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-4 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 within a period of four weeks.

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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

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order to harass them, as such, the arrest of the petitioners may 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 :- 24.10.2024 Saurabh

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

Smt. Gyanmati Singh @ Gyanmati and Another v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Smt. Gyanmati Singh @ Gyanmati and Another v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

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What did the court decide?

What the court decided

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