REEMA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 4 OTHERS
CRLP/1417/2025 · 2025-02-20
S Q H Rizvi, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 124166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124166 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11045-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1417 of 2025 Petitioner :- Reema Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home And 4 Others Counsel for Petitioner :- Rajesh Kumar,Shivam Pandey Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioners and the learned A.G.A. and perused the record. By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in the peaceful married life. Petitioners have also challenged the impugned F.I.R. dated 16.01.2025 bearing Case Crime No. 0009 of 2025, under Sections 351(3),352,137(2) and 87 of Bhartiya Nyaya Sanhita, 2023, P.S. Hanswar, District Ambedkar Nagar. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 04.02.2025, they were of marriageable age. Petitioners have annexed the marriage certificate dated 04.02.2024 issued by Arya Samaj Shivpuri Kamta, Chinhat, Lucknow as Annexure No.2 and their Adhar Cards as Annexure No. 3, to the writ petition. Petitioner no.1 has also submitted along with the supplementary affidavit her date of birth certificate issued by the Principal of the School in which her date of birth is mentioned as 16.03.2003. He further states that the police is harassing them at the behest of family members who are not agreeable to the marriage.
Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017, within a period of four weeks.
Learned A.G.A. on instructions submits that in this case final report has been submitted by the Police on 31.01.2025 before the supervisory authority.
Learned counsel for petitioners submits that in view of the aforesaid facts and circumstances, there will be no purpose of keeping the present writ petition pending. In view of the above, it is provided that if the petitioners have married each other and are living together, were of marriageable age on the date of their marriage and they are not wanted in any other criminal case then the police shall not unnecessarily interfere in their peaceful married life they shall not be arrested in the aforesaid case crime number. It is, however, made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage. Accordingly, the writ petition is disposed of. (Syed Qamar Hasan Rizvi,J.) (Vivek Chaudhary,J.)
Order Date :- 20.2.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench