Partly allowed

Kaynat Bano and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC17 Dec 2024CRLP/9634/2024

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR under Section 87 of BNS 2023 lodged against petitioners regarding a marriage. The High Court stayed arrest as an interim measure pending investigation and submission of police report.

What did the court decide?

Arrest of petitioners stayed till police report under S.173(2) Cr.P.C. Petitioner no.1 to record statement under S.164 Cr.P.C.four weeks time granted to State for counter affidavit.

Kaynat Bano and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9634 of 2024 Petitioner :- Kaynat Bano And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Kalika Prasad Pandey 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.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 29.11.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0290 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Jethwara, District-Pratapgarh.

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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 29.11.2024 as per Muslim customs. A copy of the marriage certificate/ Nikahnama has been annexed as Annexure No.5 to the writ petition. Petitioners have annexed a copy of their High School Certificate-cumMarks Sheet as Annexures-2 & 4 to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 21 years. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners submits that the petitioners have also got their marriage registered and a copy of marriage registration certificate is filed as Annexure-6 to the writ petition.

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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

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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 :- 17.12.2024 Sachin

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

Kaynat Bano and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

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Kaynat Bano and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

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