Partly allowed

Sanjeet Kumar Verma and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Allahabad HC5 Dec 2024CRLP/8836/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, this high court recorded facts supporting the validity of a marriage and granted interim relief against arrest while directing cooperation with investigation.

What did the court decide?

Stay of arrest granted till filing of police report under Section 193 B.N.S.S. 2023 or next listing; direction to cooperate in investigation and record statement under Section 183 B.N.S.S. 2023.

Sanjeet Kumar Verma and Another vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8836 of 2024

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Petitioner :- Sanjeet Kumar Verma And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others

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Counsel for Petitioner :- Prabhakar Pandey,Pankaj Kumar Tripathi

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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 and 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 13.11.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.323 of 2024, under Section 87 of B.N.S., 2023 at Police Station-Phardhan, District-Kheri.

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Two supplementary affidavits filed today in the Court by learned Counsel for the petitioners are 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 08.06.2024 as per Hindu Rites and Rituals and the said marriage was notarized on 15.06.2024 in District Court Complex of District-Pilibhit. The copy of the notary is annexed as Annexure No.2 to this writ petition. Petitioner no.2 has filed her personal affidavit stating that she has married with the petitioner No.1 without any pressure and out of her own will. The personal affidavit of the petitioner No.2 is filed by way of supplementary affidavit today in the Court. Further, the petitioner No.2 has also filed a copy of her High School Certificate-cum-Marks Sheet as Annexure-2 to the supplementary affidavit and petitioner no.1 has annexed a copy

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of his Aadhar Card as Annexure-1 to the affidavit filed in support of the present 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. Further, the priest who has solemnized the marriage of the petitioners has given a declaration that he has performed the marriage of the petitioners in a Temple. Copy of the same is annexed as Annexure No.1 to the supplementary affidavit.

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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 such, as an interim measure, till the next date of listing or till the filling of the police report under Section 193 of B.N.S.S., 2023, 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 183 of B.N.S.S., 2023.

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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 :- 5.12.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Sanjeet Kumar Verma and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Case brief

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Sanjeet Kumar Verma and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

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