Disposed

Divyanshi Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Allahabad HC18 Dec 2024CRLP/9483/2024

Case brief

AI extract

What is this about?

Petitioners seek quashing of an FIR alleging an offence under Section 87 of BNHS. The court notes petitioners were married via Hindu rites before the offence date. Pending registration and a counter affidavit, the petitioners are granted a stay on arrest until evidence proves non-minority or that the offence occurred on a minor date.

What did the court decide?

Stay on arrest of petitioners pending verification of dates and filing of counter affidavit; required investigation steps ordered.

Divyanshi 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. - 9483 of 2024

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Petitioner :- Divyanshi Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others

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Counsel for Petitioner :- Vikas Sharma Counsel for Respondent :- G.A.

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

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An amendment application filed by the petitioners today is taken on record.

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Application for amendment is allowed.

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Let necessary correction be made in the prayer clause during course of the day.

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Heard learned counsel for petitioners and learned A.G.A. for the State.

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By means of this petition, the petitioners have sought quashing of F.I.R. dated 07.12.2024 bearing Case Crime No.0823 of 2024 for the offence under Section 87 of Bhartiya Nyaya Sanhita, 2023, registered at Police Station Kotwali City, District Hardoi.

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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 30.07.2024 as per Hindu Rites and Rituals at Saubhagya Laxmi Seva Sansthan, Hardoi. The copy of the marriage certificate issued by the Saubhagya Laxmi Seva Sansthan, Hardoi has been annexed as Annexure No.1 to the writ petition. As per High School Certificates of petitioner no.1 her date of birth is mentioned as 22.08.2002 and date of birth of petitioner no.2 is recorded as 06.07.2001 and in the F.I.R. also the age of petitioner no.1 is mentioned as 22 years. In view of the above, he says that no offence under Section 87 of Bhartiya Nyaya Sanhita, 2023 is made out.

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Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages

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Registration Rules, 2017, within a period of four weeks.

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Considering the aforesaid, let notice be issued to opposite party no.4.

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Let counter affidavit be filed in the matter within four weeks. List this case after four weeks.

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In view of the above, till the next date of listing, it is provided that petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R. and/or they are found to have been minors on the date of their marriage. However, petitioners shall appear before the investigating officer as and when they are called to get their statements recorded. Investigating officer shall also take steps for recording of statement of petitioner no.1 before the Magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion.

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

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Order Date :- 18.12.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Divyanshi Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

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Divyanshi Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

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