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2025 DAILYLAW 122135 (ALL)

SMT. MANJU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/1064/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8050-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1064 of 2025 Petitioner :- Smt. Manju And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Suresh Sharma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record. 2. The instant writ petition has been filed by the petitioners with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari quashing the First Information Report dated 22.01.2025 lodged by the opposite party no.4 in Case Crime No/ FIR No. 0022/2025, U/S- 137(2) B.N.S.S., Police Station- Matera, District- Bahraich against the petitioner No.2, as contained in Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite party no.2 and 3 not to arrest the petitioners on the basis of impugned First Information Report." 3. It has been argued by learned counsel for the petitioners that both the petitioners are major, who, on their own volition and free will have got married with each other in accordance with Hindu rites and rituals and the same has also been registered under the Uttar Pradesh Marriage Registration Rules, 2017, a copy of the which has been filed as annexure No.3 to the writ petition. However, since this marriage is not being accepted by the family members of the petitioner no.1, hence, the impugned First Information Report has been lodged. 4. The learned A.G.A. has produced before this Court instructions sent by Sub-Inspector Ahmed Hussain, Police Station Matera, District Bahraich, wherein, it has been stated that the petitioner No.1 is minor and the complainant has produced before the police the transfer certificate issued by the Principal of Maa Gayatri Shishu Mandir Vidhyalaya, Matera Bazar, District Bahraich showing her date of birth as 20.06.2009. 5. The said instructions are kept on record. 6. The petitioner No.2 shall produce the petitioner No.1 before the Station House OfÏcer, Police Station Matera, District Bahraich on 11.02.2025 at 02:00 PM to enable the recording of the statements of the petitioner No.1, under Sections 180 and 183 of the B.N.S.S. 7. Till 11.02.2025, the petitioner No.2 shall not be arrested in pursuance of the impugned first information report subject to his cooperation. In case, the petitioner No.2 does not follow any of the conditions mentioned hereinbefore in this order and does not cooperate in the investigation, the interim protection given by us shall automatically stand vacated. 8. The learned A.G.A. shall inform the Station House OfÏcer of Police Station Matera, District Bahraich regarding the order passed today. 9. The petition is, accordingly, disposed of. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 7.2.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench