Disposed

Aditi Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC3 Dec 2024CRLP/9177/2024

Case brief

AI extract

What is this about?

High Court provided an interim order in a criminal writ petition. While noting that prima facie grounds for quashing were not fully made out, the court granted non-arrest protection to the second petitioner pending further inquiry and stated conditions for cooperating with investigation.

What did the court decide?

Interim order granting non-arrest to petitioner no. 2 until the next date of listing, subject to cooperation in investigation.

Aditi Singh 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. - 9177 of 2024

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Petitioner :- Aditi Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- S.P. Singh Somvanshi 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.

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By means of this petition, the petitioners, Aditi Singh and Subham Pandey , have sought quashing of First Information Report dated 15.11.2024 bearing F.I.R./Case Crime No.213 of 2024, under Section 87 of B.N.S., 2023 registered at Police Station Munshiganj, District Amethi.

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The contention of the learned Counsel for the petitioners is that petitioners are major and have married with each other out of their own free will on 18.11.2024 as per Hindu rites and rituals at Arya Samaj Mandir, Sector-H (Harsh Vihar, Puraniya), Lucknow. the copy of marriage certificate dated 18.11.2024 has been annexed as Annexure No.2. A copy High School Certificate and Aadhar Card of petitioner no.1 has been annexed as Annexure No.3 to 4, respectively, to the writ petition as proof of age. A copy of Aadhar Card of petitioner no.2 has also been annexed as Annexure No.5 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

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marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 within a period of four weeks.

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Prima facie, a case for consideration is made out.

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Issue notice to opposite party no.4. Steps be taken within a week.

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Office shall submit service report by affixing computer generated tracking report.

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Let counter affidavit be filed within four weeks.

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List after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, the petitioner no.2-Subham Pandey shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order.

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(Om Prakash Shukla, J.) (Vivek Chaudhary, J.)

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Order Date :- 3.12.2024 Ajit

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Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Aditi Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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Aditi Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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