Disposed

Anjani Sharama and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC12 Dec 2024CRLP/9402/2024

Case brief

AI extract

What is this about?

High Court allowed amendment to writ petition allowing quashing of FIR under Sections 87 and 351(3) BNS for alleged matrimonial misconduct. Court granted interim stay on arrest but directed petitioner to record statement. Listing fixed after counter affidavit.

What did the court decide?

Amendment allowed; interim stay on arrest granted; direction to record statement, get marriage registered, and file counter affidavit within four weeks.

Anjani Sharama 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. - 9402 of 2024

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Petitioner :- Anjani Sharama And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Deepansi,Amit Kumar Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Order on C.M Application No. Nil of 2024

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The present amendment application has been filed by the petitioner to amend the prayer clause and add a prayer in the memo of the writ petition :-

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" Issue a Writ order or direction in the nature of certiorari thereby quash the impugned First Information Report bearing No. 0262 of 2024, under Section 87, 351(3) B.N.S registered at Police Station Hanswar, District Ambedkar Nagar dated 30.11.2024, contained as SA-01 to this affidavit in the interest of justice.

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Issue a writ order or direction in the nature of mandamus thereby commanding to the opposite party no. 3 i.e Station House Officer, Police Station Hanswar, District Ambedkar Nagar not to harass and arrest the petitioners in pursuance of the F.I.R No. 0262 of 2024, Under Section 87, 351(3) B.N.S registered at Police Station, Hanswar, District Ambedkar Nagar dated 30.11.2024 contained as Annexure No. SA-01 to this affidavit."

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Cause shown in the affidavit filed along with the amendment application is sufficient.

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The amendment application is allowed.

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The applicant is permitted to make necessary amendment during the course of the day.

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Order on Criminal Misc Writ Petition

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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 30.11.2024, lodged by the opposite party no.3 registered as F.I.R./Case Crime No.0262 of 2024, under Section 87, 351 (3) B.NS., at Police Station-Hanswar, 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 04.12.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Shivpuri, Kamta, Chinhat, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.1 to the writ petition. Petitioner no.1 has annexed a copy of her Aadhar Card and Birth Certificate as Annexure-2 and petitioner no.2 has annexed a copy of his Aadhar Card and Driving licence as Annexure3 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 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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(O.P Shukla, J) (Vivek Chaudhary, J)

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Order Date :- 12.12.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Anjani Sharama and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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Anjani Sharama and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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