Smt. Sangeeta @ Shiya And Another vs State Of U.P. & 2 Others
2016 Latest Caselaw 3933 ALL

Citation : 2016 Latest Caselaw 3933 ALL
Judgement Date : 6 July, 2016

Allahabad High Court

Smt. Sangeeta @ Shiya And Another vs State Of U.P. & 2 Others on 6 July, 2016

Bench: Ramesh Sinha, Shamsher Bahadur Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15512 of 2016
 

 
Petitioner :- Smt. Sangeeta @ Shiya And Another
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Vimal Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Shamsher Bahadur Singh,J.

Heard Sri Vimal Kumar, learned counsel for the petitioners and Sri N.K. Verma, learned AGA for the State.

Learned A.G.A. has accepted notice on behalf of the respondent nos. 1 and 2. He prays for and is allowed four weeks' time to file counter affidavit.

Issue notice to the respondent no. 3, who may also file his counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List after six weeks before appropriate Bench.

On the matter being taken up today, Smt.Sangeeta @ Shiya, daughter of Rakesh Singh, is present in Court and she claims that she is major and on her own freewill, walked out from her parental house and has entered into matrimonial alliance with Shailendra @ Raghvendra Singh, son of Sugar Singh.

Both the petitioners have contended that once they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, that, offence has been committed under Sections 363, 366 I.P.C., cannot be approved of.

The petitioners are present in the Court and have been identified by their counsel.

Prima facie arguments advanced appear to have some substance and require consideration by this court as such, till next date of listing, no coercive action shall be taken against the petitioners pursuant to impugned F.I.R. dated 08.01.2016 registered as Case Crime No.23 of 2016, under Section 366, Police Station Kotwali, district Mainpuri.

Order Date :- 6.7.2016

A.Kr.*

[Shamsher Bahadur Singh, J.] [Ramesh Sinha, J.]