Writ petition sought quashing of FIR for kidnapping under Section 366 IPC arising from a voluntary marriage between two adults. The State reported a final report had been filed in the underlying case, rendering the petition infructuous; the Court dismissed it and vacated interim orders.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 2356 of 2024
Ravendra Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others .....Respondent(s) Counsel for Petitioner(s) : Sachida Nand Tiwari Counsel for Respondent(s) : G.A., Sachin Tiwari, Subodh Kumar Yadav
Court No. - 10
HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.
"Sri Sachin Tiwari, Advocate and Sri Subodh Kumar Yadav, Advocate have filed their joint Vakalatnama on behalf of respondent no.3 complainant today in Court and same is taken on record.
Heard learned counsel for petitioners, Sri Sachin Tiwari, learned counsel for respondent no.3 and learned A.G.A. for the State-respondents.
By means of this petition, the petitioners have sought quashing of F.I.R. dated 14.03.2024 bearing Case Crime No.0071 of 2024 for the offence under Section- 366 I.P.C. registered at Police Station-Manjhila, DistrictHardoi.
The contention of petitioners' counsel is that petitioner nos.1 and 2 have married each other of their own volition and on the date of their marriage i.e. on 11.03.2024, they were of the age of majority. In view of the above, he says that no offence under Section 366 I.P.C. is made out. He has
CRLP No. 2356 of 2024
2
invited our attention to the mark-sheet of Class-X of petitioner no.2 in which her date of birth is shown as 15.07.2000. He has also invited our attention to the Certificate of Registration of Marriage which is annexed as Annexure No. 4 to the writ petition. As the marriage was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance.
Prima facie a case for consideration is made out.
Let counter affidavit be filed in the matter within four weeks.
Rejoinder affidavit, if any, be filed within one week thereafter.
List this case after four weeks showing name of Sri Sachin Tiwari, Advocate and Sri Subodh Kumar Yadav, Advocate, as counsel for respondent no.3.
It is provided that until further orders, 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 to get their statements recorded. Investigating officer shall also take steps for recording of statement of petitioner no.2 before the magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion. "
(Zafeer Ahmad,J.) (Rajnish Kumar,J.)
October 28, 2025 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the FIR under Section 366 IPC should be quashed where petitioners claim they married voluntarily as adults.
2 provisions across 2 enactments
Ravendra Kumar
Another (petitioner no.2)
State of U.P. thru Addl. Chief Secy. Home U.P. Lko.
Rajnish Kumar
Zafeer Ahmad
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
