Disposed

Smt. Jasmeen Bano @ Jasmeen and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Allahabad HC11 Nov 2024CRLP/8480/2024

Case brief

AI extract

What is this about?

This court granted interim protection against arrest to petitioners facing an FIR for conducting a marriage. The court directed the petitioners to record a statement under Section 164 Cr.P.C. and issued notice to the opposite party.

What did the court decide?

Stay on arrest granted till next date or filing of police report; petitioners directed to record statement under Section 164 Cr.P.C.

Smt. Jasmeen Bano @ Jasmeen and 2… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8480 of 2024

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Petitioner :- Smt. Jasmeen Bano @ Jasmeen And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Chandra Bhanu Singh 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 02.11.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.301 of 2024, under Section 137(2) and 87 BNS, Police Station Mohanganj, 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 05.11.2024. The copy of Nikahnama has been annexed as Annexure No.2 to the writ petition. Petitioner no.1 has annexed a copy of her High School Marks Statement as Annexure-3 and petitioner no.2 has also annexed a copy of his High School Certificate-cum-Marks Sheet as Annexure-3 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 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 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

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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 :- 11.11.2024 Saurabh

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

Smt. Jasmeen Bano @ Jasmeen and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Jasmeen Bano @ Jasmeen and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

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What did the court decide?

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