Disposed

Smt. Mansi and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC25 Oct 2024CRLP/8158/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking quashing of an FIR for sexual assault based on disownment of marriage, the High Court directed the State to file a counter affidavit. The court granted interim protection from arrest unless minors or insufficient evidence are found and ordered production of a marriage certificate.

What did the court decide?

Notice to opposite party; counter affidavit within four weeks; interim protection from arrest pending investigation.

Smt. Mansi and Others vs State of U.P. Thru. Prin… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8158 of 2024

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Petitioner :- Smt. Mansi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Suraj Bhan Yadav 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 petitioners and learned A.G.A. for the State.

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By means of this petition, the petitioners have sought quashing of F.I.R. dated 19.10.2024 bearing Case Crime No.0117 of 2024 for the offence under Sections-87 B.N.S. registered at Police Station-Cantt., District-Lucknow.

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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 18.10.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir 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 28.08.2001 and as per Aadhar Card, date of birth of petitioner no.2 is 20.11.2000. In the F.I.R. also the age of petitioner no.1 is mentioned as 23 years. In view of the above, he says that no offence under Section 87 B.N.S. is made out. As the marriage was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance.

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Considering the aforesaid, let notice be issued to opposite party 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. 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. Meanwhile, petitioner no.1 and 2 will also get their marriage registered before the Marriage Registration Authority under U.P. Marriage Registration Rules, 2017 and produce Marriage Certificate before this Court on the next date.

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Order Date :- 25.10.2024 Arti/-

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

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Mansi and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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Smt. Mansi and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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