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2022 Supreme(SC) 127

AJAY RASTOGI, ABHAY S. OKA
Shafiya Khan @ Shakuntala Prajapati – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Gaurav, AOR
For the Respondent(s): Mr. Adarsh Upadhyay, AOR Mr. Amit Singh, Adv. Mr. ajay Prajapati, Adv. Mr. Aman Pathak, Adv. Mr. Arvind Gupta, AOR

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. This appeal is directed against the order dated 8th September, 2021 passed by the High Court of Judicature at Allahabad declining to interfere in the criminal proceedings initiated against the appellant at the instance of respondent no.2/complainant (bother-in-law of the appellant).

3. The case of the appellant is that she was born in a Hindu family and was married in May 2009 when she was a minor (17 years) to one Shiv Gobind Prajapati with whom she never stayed and the marriage was never consummated. In the divorce petition which was filed by Shiv Gobind Prajapati, it was admitted that the marriage was never consummated and this marriage was dissolved through Village Panchayat in 2014 between the families of the appellant and Shiv Gobind Prajapati, who thereafter married another woman, Suman Prajapati and this marriage being voidable under Section 5 of the Hindu Marriage Act, 1955 and Section 3 of Prohibition of Child Marriage Act, 2006 was dissolved and annulled by the families of the appellant and Shiv Gobind Prajapati.

4. The appellant treating her marriage to be annulled for all practical purposes, while doing her studies in Lucknow, met

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