Neutral Citation No. - 2025:AHC-LKO:5805-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 815 of 2025 Petitioner :- Amrita Singh And Another Respondent :- State Of U.P. Thru. Chief Secy. (Home) U.P. Lko. And 4 Others Counsel for Petitioner :- Satish Kumar Srivastava,Sanjay Srivastava Counsel for Respondent :- G.A.,Bishlendra Prasad Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners, learned A.G.A., who appears on behalf of the State-respondents and Sri Shudakar Mishra, Advocate alongwith Bishlendra Prasad, Advocate, who has filed his vakalatnama on behalf of the opposite party no.5, which is taken on record. 2. This petition has been filed with the following main prayers:- " I. Issue a writ order or direction in the nature of writ of Certiorari to quash the impugned first information report dated 17.01.2025 registered as F.I.R. No. 0015 of 2025, Under Section 87 B.N.S. (Old-366 I.P.C.) Police Station Khandasa, District Ayodhya, against the petitioners as contained in Annexure No.1 to the writ petition. II. Issue a writ, order or direction in the mandamus directing the respondents neither to arrest the petitioners nor taking any coercive measures against the petitioner in F.I.R. report dated 17.01.2025 bearing case crime No. 0015 of 2025 under Section 87 B.N.S., Police Station Ayodhya, District Ayodhya." 3. It has been submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 are both major, who on their own volition and free will have got married out of their own sweet will with each other in accordance with Hindu rites and rituals on 20.01.2025 at Arya Samaj Mandir, Shivpuri, Kamta, Chinhat, Lucknow, a copy of which is annexed as Annexure No.2 to this petition, but the family members of petitioner no.1 are unhappy with such marriage. In support of his submission that petitioner no. 1 is major, learned counsel for the petitioners has drawn our attention to the annexure no.3 to the petition, which is High School Marksheet of Madhyamik Shiksha Parishand, U.P., and according to which, the date of birth of petitioner no.1 is 01.12.2005. However, the opposite party no. 5, who is the father of the petitioner no.1 has lodged F.I.R. against the petitioner no.2 alleging that he has abducted his daughter. They therefore prayed for the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475. 4. Learned counsel for the petitioners has also assured this Court that the petitioners shall get their marriage registered under the Uttar Pradesh Marriage Registration Rules, 2017. 5. Learned counsel for the respondent no.5 has expressed their anxiety regarding future good conduct of the petitioner no.2. He also says that the father of the petitioner no.1 wishes to meet his daughter and to enquire about her well being. 6. Considering the facts and circumstances of the case, prima facie a case for interference is made out. 7. We direct the petitioner no.2 to produce the petitioner no.1 before the Investigating Officer i.e. the Station House Officer, Police Station Khandasa, District Ayodhya to get her statement recorded under Section 180 of the B.N.S.S. on 30.01.2025 at 02:00 P.M. The Respondent No.5 shall also approach the Station House Officer concerned on the same date at the same time so that he could meet his daughter and enquire about her well being. 8. In the meantime, the Investigating Officer shall also produce the petitioner no.1 before the Magistrate concerned for recording her statement under Section 183 of the B.N.S.S. as expeditiously as possible. 9. Till the statement of petitioner no.1 recorded under Section 183 of B.N.S.S. before the Court concerned or till submission of police report, if any, before the competent Court, whichever is earlier, the arrest of the petitioners no. 2, namely, Saurabh Kumar in pursuance of the impugned F.I.R. shall remain stayed, of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. 10. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 27.1.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench