Disposed

Smt Pooja and Another v. State of U.P. and 3 Others

Allahabad HC31 Aug 2024WRIC/28624/2024

Case brief

AI extract

What is this about?

The Court observed an organized racket of touts and agents using forged documents and fake marriage certificates to secure protection orders for 'run away couples'. The Court directed the SSP Bareilly to conduct a thorough inquiry into the involvement of trusts, touts, and police in shielding these elements and register FIRs if cognizable offenses are found.

What did the court decide?

Direction to SSP Bareilly to conduct inquiry and register FIRs if offenses are established; matter put up on 18.11.2024.

Smt Pooja and Another vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 78

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Case :- WRIT - C No. - 28624 of 2024 Petitioner :- Smt Pooja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Singh Counsel for Respondent :- C.S.C.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the petitioners, Shri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the State-respondents, and perused the records.

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The instant petition has been filed by the petitioners for seeking protection from the police as the petitioners have solemnized their marriage without consent of their parents.

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On the last date of hearing, a verification report was sought from the local police with regard to the legitimacy and credibility of the documents filed along with the petition, and the arguments advanced by the petitioners' counsel in support of the prayer for protection of run away couples.

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On examination of the inquiry report, it's often revealed that: (i) the documents attached with the petition, such as Aadhar Cards, PAN Cards, or Marksheets, are forged; (ii) the marriage certificates issued by the Trust or society are found to be fake; (iii) the marriages are not solemnized in accordance with the requirements of Section 5 of the Hindu Marriage Act; (iv) in many cases, the girls involved are aged between 12-15 years and are entering into sham marriages with fully grown male adults, often double their age; (v) touts and agents provide fake documents to run away couples to secure protection orders from the Court, when in fact no marriage has actually taken place; and (vi) the register maintained by the trust or society lacks requisite details such as the witnesses' information, including their mobile numbers, identification documents, and the names of the Purohit, President, and Secretary of the society.

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In essence, unfortunately, an organized racket of touts and agents has emerged around the district courts over a period of time in the name of religious trusts, and the worst part is that the qualified legal professionals besides Purohits along with touts are also involved. The Court has also observed the involvement of local police in shielding these rouge elements of the society. The police often fail to trace the source of the fake marriage certificates and other documents created, allowing run away couples to obtain protection orders from the Courts based on forged documents.

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Based on the aforesaid deliberations, the Senior Superintendent of Police, Bareilly is directed to conduct a thorough inquiry into the role of such organizations, trusts, and rouge elements involved in such offenses whose role are complicit in commission of the crime, and if the inquiry concludes that any of the individuals mentioned above have committed a cognizable offense, the police shall immediately register an FIR and take action in accordance with the law. The S.S.P. is further directed to go through the orders and directions issued by this Court in Writ-C No.21496 of 2024 (Smt. Mansi and another v. State of U.P. and 4 others) and Writ-C No.22491 of 2024 (Shanidev and another v. State of U.P. and 7 others) for guidance and clarity.

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Put up as fresh on 18.11.2024 with the compliance report, along with all the connected matters.

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The Registrar (Compliance) is directed to transmit a copy of this order forthwith to the Senior Superintendent of Police, Bareilly, for effective compliance.

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Order Date :- 17.10.2024 Prajapati

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Justice Vinod Diwakar

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Smt Pooja and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt Pooja and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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