SMT. SIMRAN AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/22440/2025 · 2025-10-05
Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing
body2025
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[ 2025 DAILYLAW 102807 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 102807 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22440 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. The instant petition has been filed by the petitioners seeking to quash the impugned First Information Report dated 19.09.2025, giving rise to Case Crime No. 481 of 2025, under Sections 137(2), 87 of B.N.S., Police Station Chhata, District Mathura.
2. Learned counsel appearing on behalf of the petitioners submitted that petitioner nos. 1 and 2 are major. The petitioner no. 1 is a 19 years old girl whereas the petitioner no. 2, a 23 years old boy. As per Certificate-cum- Marks Sheet of the High School Examination-2024, the date of birth of petitioner no. 1 is 13.06.2006, whereas as per Certificate-cum-Marks Sheet of High School Examination-2020, the date of birth of petitioner no. 2 is 12.06.2002. Both the petitioners have married each other according to their free will on 15.09.2025. A copy of the Nikahnama is appended as Annexure No. 4 to the writ petition. It is submitted by the
learned counsel for the petitioners that since both the petitioners are major and have married each other out of their free will and wish, the allegations leveled by the informant against petitioner no. 2 in the impugned FIR, have no force and, therefore, no offence is made out against the petitioner no. 2. It is also submitted that petitioner nos. 1 and 2 have filed a joint affidavit in support of the averments made in the petition. Learned counsel for the petitioners, therefore, submits that the impugned FIR, which has been lodged by the informant with the malicious intention to falsely implicate the petitioner no. 2, deserves to be quashed. Versus Counsel for Petitioner(s) : Mithilesh Kumar Shukla Counsel for Respondent(s) : G.A. Smt. Simran And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
3. Per contra Mr. Satendra Tiwari, learned A.G.A. appearing on behalf of the State vehemently opposed the petition and the averments made by the
learned counsel for the petitioners during the arguments but could not dispute the aforesaid facts.
4. Heard Mr. Mithilesh Kumar Shukla, learned counsel for the petitioners, Mr. Satendra Tiwari, 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.
5. Taking into consideration, the averments made by the learned counsel for the petitioners, in particular, the fact that both the petitioners are major and have married each other according to their free will and wish, the fact that they have filed a joint affidavit in support of the averments made in the petition, the fact that the Nikahnama has not been disputed by the State, in support of which a joint affidavit has also been filed by the petitioners, we are of the view that the petitioners have succeeded in making out a case for quashing the impugned FIR.
6. Therefore, in view of the above, this petition succeeds and is allowed. The impugned FIR dated 19.09.2025, giving rise to Case Crime No. 481 of 2025, under Sections 137(2), 87 of B.N.S., Police Station Chhata, District Mathura is hereby quashed.
October 6, 2025 Brijesh Maurya CRLP No. 22440 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad