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2025 DAILYLAW 130259 (ALL)

GARIMA KUMARI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF HOME CIVIL SECTT. LKO. AND OTHERS

CRLP/2499/2025 · 2025-04-02

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19296-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2499 of 2025 Petitioner :- Garima Kumari And Others Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Surya Narayan Mishra,Deepak Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Supplementary affidavit filed on behalf of the petitioner is taken on record. 2. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 18.03.2025, lodged by the opposite party no.4 registered as F.I.R./Case Crime No. 115 of 2025, under Section- 87 of BNS, at Police Station- Kotwali Dehat, District- Gonda. 3. Learned counsel for the petitioner submits that the sole allegation in the FIR is that the petitioner No. 2 has ran away with the daughter of the informant i.e. petitioner No. 1. The daughter of the informant has gone away with the petitioner No. 2 on her own choice. It is also submitted that the both have married with each other. 4. Sri Sanjeet Kumar Patel, Advocate has filed Power on behalf of respondent No. 4 is taken on record. He has filed a counter affidavit in which the documents with regard to the marriage of the petitioner No. 1 and 2 has been filed. The photographs proving the marriage of the petitioner No. 1 and 2 are not disputed by the learned counsel for the petitioner. 5. Learned A.G.A. for the State also submits that as per the investigation made till date, it has come out that the petitioner No. 1 was already married. 6. Looking into the facts and circumstance of the case, as the applicant No. 1 is already married, this Court is not inclined to exercise its discretionary power. 7. Accordingly, the present petition is dismissed. 8. Consigned to record. [Brij Raj Singh, J.] [Vivek Chaudhary, J.] Order Date :- 2.4.2025/(Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench