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2025 DAILYLAW 102776 (ALL)

ABDUL RAHEEM v. STATE OF U.P. AND 2 OTHERS

CRLP/22462/2025 · 2025-10-05

Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22462 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. B.K. Mishra, learned counsel for the petitioner, Mr. Ramji Shukla, learned counsel appearing on behalf of respondent no. 3, learned A.G.A. appearing on behalf of the State and perused the contents of the FIR as well as the documents available on record. 2. The instant writ petition has been filed by the petitioner seeking to quash the impugned First Information Report dated 11.05.2025, giving rise to Case Crime No. 0167 of 2025, under Sections 69, 89, 115(2), 351(3) of B.N.S., Police Station Salempur, District Deoria. 3. Learned counsel appearing for the petitioner submitted that the petitioner is a major and the FIR which has been lodged by the informant, who is victim and now wife of the petitioner, has made allegation against the petitioner that he made false promise to marry and was not marrying with the respondent no. 3, but later on, the petitioner and respondent no. 3 have married each other of their free will on 08.09.2025. A copy of the Nikahnama is appended as Annexure No. 3 to the paper book. Learned counsel for the petitioner further submitted that at the time of the marriage, the victim/informant was a major, aged about 23 years old. As per Junior Highschool Certificate, her date of birth is 25.06.1996, a copy of which is annexed as Annexure no. 2 to the writ petition. Learned counsel for the petitioner submits that since both parties, the petitioner and the victim, have married each other of their free will, there is nothing left for further investigation in the impugned FIR or to face the trial. 4. Mr. Ramji Shukla, learned counsel for respondent no. 3 is also present. Versus Counsel for Petitioner(s) : Brijesh Kumar Mishra Counsel for Respondent(s) : G.A., Ramji Shukla Abdul Raheem .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) He also submitted that the informant has already got married with the petitioner and, therefore, nothing left for further investigation in the instant FIR. Learned counsel for the petitioner and the learned counsel for respondent no. 3, jointly prayed that the instant FIR may be quashed and the present petition allowed. 5. Learned A.G.A. appearing on behalf of the State has not denied the aforesaid facts stated by the learned counsel for the parties. 6. Taking into consideration the fact that there is no contradictions in the submissions of the learned counsel for the parties and, particularly, the fact that both parties, the petitioner and the victim, are major and have married according to their free will, we are of opinion that the petitioner has made out a case for quashing the impugned First Information Report. 7. Accordingly, the present writ petition is allowed and the impugned First Information Report dated 11.05.2025, giving rise to Case Crime No. 0167 of 2025, under Sections 69, 89, 115(2), 351(3) of B.N.S., Police Station Salempur, District Deoria is hereby quashed. October 6, 2025 Brijesh Maurya CRLP No. 22462 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad