Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 36 of 2025 Petitioner :- Smt. Soni Thru. Her Husband Ankush Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Pankaj Kumar,Krishan Bhushan Tripathi Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Vinod Kumar, Advocate on behalf of the opposite party no.4 is taken on record. 2. Learned counsel for the petitioner submits that detenue was major, she joined the company of the deponent on her own and thereafter, they entered into marriage on 31.12.2024 in Arya Samaj Mandir, Aliganj, Lucknow. He further submits that on the basis of incorrect facts, F.I.R. No.4/2025 under Section 87 of B.N.S, 2023 was filed by the private respondent, thereafter, Criminal Misc. Writ Petition No.100/2025 "Smt. Soni & Anr. Vs. State of U.P. & Ors." was filed, in which, interim protection was granted to the petitioner. 3. The Order dated 10.1.2025 passed in Criminal Misc. Writ Petition No.100 of 2025 is reads as under :- 5. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record. 6. Issue notice to the opposite party no.4. 7. Office shall submit service report by affixing computer generated tracking report. 8. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 2.1.2025, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0004 of 2025, under Section 87 of B.N.S., 2023, at Police Station- Rampur Kalan, District-Sitapur. 9. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 31.12.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Sector-H, Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.1 to the writ petition. Petitioner no.1 has annexed a copy of her Birth Certificate and Aadhar Card as Annexure-2 and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-3 to the writ petition as proof of age. Even as per FIR, the age of the girl is 19 years. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 before the next date and produce the marriage registration certificate on the next date. 10. It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged against the petitioners only in order to harass them, as such, the arrest of the petitioners may be stayed. 11. After hearing learned counsel for the parties and going through the record, prima faice, the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, till the next date of listing or till the filling of the police report under Section 173 (2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number. However, petitioner no.1 shall cooperate in the investigation and shall get her statement recorded under Section 164 Cr.P.C./183 of B.N.S.S., 2023. 12. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. 13. List immediately thereafter. 4. Learned counsel for the petitioner submits that detenue went to the house of the private respondent, where she was detained and is not being allowed to meet the deponent, therefore, indulgence of this Court is necessary. 5. On 17.2.2025, following order was passed :- 1. Counter affidavit filed by learned A.G.A. is taken on record. 2. Learned A.G.A. drew attention of the Court on the statement of the victim recorded u/s 183 B.N.S.S., in which, she admitted that her marriage was solemnised in Arya Samaj Temple. 3. List this case on 04.03.2025. 4. Station House Officer, Police Station- Rampurkala, District- Sitapur is directed to ensure the presence of detenue and private respondent before this Court on the next date of listing. 6. In pursuance of aforesaid order, detenue is present before this Court alongwith Mr. Mohd. Shakeel, Sub Inspector and Ms. Seema Devi, Lady Constable, Police Station Rampurkala, District Sitapur. 7. The detenue of the present case stated that she was produced before the learned Magistrate for recording her statement and now she is residing at the house of her aunt (Mausi) on her own free will. 8. Considering the submissions of learned counsel for the petitioner, statement of the detenue and going through the contents of the petition, no case for interference is made out, accordingly, the present writ petition is misconceived and same is hereby, dismissed. Order Date :- 4.3.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench