Partly allowed

Snehal Soni and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC12 Nov 2024CRLP/8554/2024

Case brief

AI extract

What is this about?

The High Court granted an interim stay on the arrest of petitioners in a criminal case involving charges under the Bharatiya Nyaya Sanhita, 2023. The court allowed time for the respondent to file a counter-affidavit and listed the matter for further hearing.

What did the court decide?

Interim stay of arrest granted; petitioners to cooperate in investigation and record statement under Section 164 Cr.P.C.; time granted for counter affidavit filed.

Snehal Soni and Another vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8554 of 2024

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Petitioner :- Snehal Soni And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Petitioner :- Abhinav Pankaj 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 and 2 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 6.11.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0335 of 2024, under Sections 87, 142, 352, 351(2) of B.N.S., 2023, at Police Station-Patti, DistrictPratapgarh.

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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 6.11.2024 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.3 to the writ petition. Petitioners have annexed a copy of their High School Certificate-cum-Marks Sheet 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 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

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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 :- 12.11.2024 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Snehal Soni and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

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Snehal Soni and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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What the court decided

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