Pooja And 3 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 1346 ALL

Citation : 2018 Latest Caselaw 1346 ALL
Judgement Date : 3 July, 2018

Allahabad High Court

Pooja And 3 Others vs State Of U.P. And 2 Others on 3 July, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17214 of 2018
 
Petitioner :- Pooja And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Lavkush Kumar Bhatt
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Lavkush Kumar Bhatt, learned counsel for the petitioners, Sri N.K. Verma, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.

Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 and 2.

Issue notice to the opposite party no. 3.

Each of the respondent is granted four weeks time to file counter affidavit.

Rejoinder affidavit, if any, may also be filed within two weeks thereafter.

Learned counsel for the petitioners submits that petitioner nos. 1 and 2 are major as per High School certificate and they have also solemnized their marriage on 17.6.2018 at Pandav Kalin Neeli Chhatri Mandir Prachinneeli Chhatri Sanatan Dharam Vivah Padti Trust 2067, Yamuna Bazar, Delhi. He further 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.

Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 23.06.2018, registered as Case Crime No.0358 of 2018, u/s 366, 5506 IPC and 3(2)(Va) SC/ST Act, police station Puranpur, District Pilibhit, no coercive action be taken against the petitioners.

It is made clear that if the petitioners do not take steps to serve notice to respondent no. 3 within two weeks' from today, the interim protection granted above shall automatically vacated and this petition shall stand dismissed without further reference to any other Bench of this Court.

(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

Order Date :- 3.7.2018