Smt. Neeru Saraswat And 4 Ors. vs State Of U.P. And 2 Ors.
2017 Latest Caselaw 4285 ALL

Citation : 2017 Latest Caselaw 4285 ALL
Judgement Date : 12 September, 2017

Allahabad High Court

Smt. Neeru Saraswat And 4 Ors. vs State Of U.P. And 2 Ors. on 12 September, 2017

Bench: Krishna Murari, Akhilesh Chandra Sharma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19245 of 2017
 

 
Petitioner :- Smt. Neeru Saraswat And 4 Ors.
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Achyuta Nand Pandey,Anoop Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Krishna Murari,J.

Hon'ble Akhilesh Chandra Sharma,J.

It is contended that petitioner nos. 1 and 2 both are majors and married each other on their own sweet will, which has not been approved by the family of petitioner no. 1 and the present First Information Report has been lodged. It is also pointed out that the High School marksheet of the petitioner no. 1, filed as annexure-2 to the writ petition, itself records her date of birth as 6.7.1995 and thus, she is major and no offence can be said to be made out.

Prima facie, the issue requires scrutiny.

Learned A.G.A, representing the respondent nos. 1 & 2 may file counter affidavit within three weeks.

Issue notice to respondent no. 3, who may also file counter affidavit.

Steps be taken by registered post within ten days.

Office shall issue notice returnable at an early date.

List after service of notice on the respondent no. 3.

Considering the facts, until further orders of the Court, the arrest of the petitioners pursuant to the impugned F.I.R dated 21.8.2017 registered as Case Crime No. 0346 of 2017, under Section 366, 120-B I.P.C, Police Station Nauhjheel, District Mathura shall remain stayed.

Order Date :- 12.9.2017

Ishan