Partly allowed

Deepmala and 2 Others v. State of U.P. Thru.Prin. Secy. Home Deptt. Sectt. Lko. and 2 Others

Allahabad HC6 Dec 2024CRLP/9293/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the Court, on prima facie examination, granted an interim stay of arrest for petitioners facing allegations under Section 87 B.N.S. 2023 related to their marriage, directing them to cooperate in investigation and record a statement under Section 164 Cr.P.C. pending further orders.

What did the court decide?

Petitioners shall not be arrested till next date or filing of police report, provided petitioner no.1 cooperates and records statement under Section 164 Cr.P.C.

Deepmala and 2 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. - 9293 of 2024

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Petitioner :- Deepmala And 2 Others Respondent :- State Of U.P. Thru.Prin. Secy. Home Deptt. Sectt. Lko. And 2 Others Counsel for Petitioner :- Santosh Kumar Srivastava 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 State and perused the record.

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Issue notice to the opposite party no.3.

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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 28.11.2024, lodged by the opposite party no.3 registered as F.I.R./Case Crime No.290 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Malipur, District-Ambedkar Nagar.

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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 2.12.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Chinhat, Lucknow. A copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.4 to the writ petition. Petitioner no.1 has annexed a copy of her High School Certificate-cumMarks Sheet as Annexure-2 and petitioner no.2 has annexed a copy of his Passport as Annexure-3 to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 20 years. 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 before the next date and produce the marriage registration certificate on the next date.

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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 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./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 :- 6.12.2024 Sachin

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

Deepmala and 2 Others v. State of U.P. Thru.Prin. Secy. Home Deptt. Sectt. Lko. and 2 Others

Case brief

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Deepmala and 2 Others v. State of U.P. Thru.Prin. Secy. Home Deptt. Sectt. Lko. and 2 Others

Case brief

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