RUBI DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/1573/2025 · 2025-02-28
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124781 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124781 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12130-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1573 of 2025 Petitioner :- Rubi Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Sagar Singh,Shri Ram Maurya Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. (I.A. No.NIL of 2025-Amendment)
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. The amendment application is allowed.
3. Let necessary amendment be made during course of the day. (Order on Petition)
4. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record.
5. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 3.11.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0463 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Gangaghat, District-Unnao.
6. 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 13.2.2025 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.2 to the writ petition. Petitioner no.1 has annexed a copy of her High School Certificate-cum-Marks Sheet and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-1 to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 20 years. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners further submits that the petitioners have also got their marriage registered and a copy of marriage registration certificate is filed as Annexure-2 to the writ
petition.
7. 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.
8. 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, it is directed that the 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.
9. Learned A.G.A., on instructions, states that in this case, final report has already been submitted, which is pending before the supervisory authority.
10. Since a final report has already been submitted in this case, which is pending before the supervisory authority, the supervisory authority is directed to take a decision in the matter, in accordance with law within a period of six weeks from today.
11. The writ petition stands disposed of. . [Brij Raj Singh,J.] [Vivek Chaudhary,J.]
Order Date :- 28.2.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench