Dismissed¶¶20

Shivani Pal and Others v. State of U.P. Thru. Secy. Home Deptt. Civil Secrt. Lko. and Others

Allahabad HC4 Nov 2025CRLP/2805/2024

Case brief

AI extract

What is this about?

Allahabad High Court Lucknow Bench; Criminal Misc. Writ Petition (CRLP) No. 2805 of 2024; Shivani Pal v. State of U.P.; quashing of FIR; Case Crime No. 0128 of 2024; Sections 363, 366 IPC; marriage of majors by free will; Arya Samaj marriage, Yaseenpur, Hardoi; date of birth proof via High School Certificate; Section 164 Cr.P.C. statement; interim protection from arrest; office report non-compliance; dismissal for non-prosecution / want of interest; P.S. Sursa, District Hardoi; decided 04.11.2025.

What did the court decide?

None; petition dismissed for non-prosecution (prayer to quash the F.I.R. not considered on merits). ¶¶20

Shivani Pal and Others Vs State of U.P. Thru. Secy. Home Deptt. Civil Secrt. Lko. and Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 2805 of 2024

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Shivani Pal And Others

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Versus	.....Pet	itioner(s)
State Of U.P. Thru. Secy. Home Deptt. Civil Secrt. Lko. And Others	.....Resp	ondent(s)
Counsel for Petitioner(s) : Devendra Pratap, Singh	Shashank	Shekhar
Counsel for Respondent(s) : G.A.
Court No.- 10

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HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

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1. Case called out.

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None appeared on behalf of the petitioners to press this petition nor any request for adjournment or pass over has been made whereas learned A.G.A for the State is present.

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This Court had passed the following order on 22.04.2024:-

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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 10.04.2024 bearing Case Crime No.0128 of 2024 for the offence under Sections-363,366 I.P.C. registered at Police Station-Sursa, 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 20.3.2023 as per Hindu Rites and Rituals in Arya Samaj, Yaseenpur, Hardoi. The copy of the marriage certificate issued by the Arya Samaj Yaseenpur, Hardoi has been annexed as Annexure No.2 to the writ petition. As per High School Certificate of petitioner no.1 her date of birth is 1.1.2002 and in the F.I.R. also the age of petitioner no.1 is mentioned as 21 years. In view of the above, he says that no offence under Section 366 I.P.C. is made out.

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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

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CRLP No. 2805 of 2024

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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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As per office report dated 17.05.2024, learned counsel for the petitioners has not taken steps in compliance of the aforesaid order.

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In view of the above, it appears that the petitioners are not interested in pursuing the matter.

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Dismissed accordingly.

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(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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November 4, 2025 Shahnaz

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Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench

Shivani Pal and Others v. State of U.P. Thru. Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Shivani Pal and Others v. State of U.P. Thru. Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

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