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2025 DAILYLAW 141643 (ALL)

DHARMENDRA KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND OTHERS

CRLP/4513/2025 · 2025-06-02

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34203-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4513 of 2025 Petitioner :- Dharmendra Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Others Counsel for Petitioner :- Krishan Kumar Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioners, Sri G.D. Bhatt, learned AGA for the State-respondents no.1, 2 & 3 and Sri Devansh Kumar, learned Advocate, who has filed Vakalatnama on behalf of opposite party no.4. Said Vakalatnama is taken on record. 2. Learned counsel for the petitioners has filed supplementary affidavit, the same is taken on record. Alongwith the supplementary affidavit, photocopy of marriage certificate dated 29.05.2025 alongwith photos and photocopy of the ration card has been filed. 3. By means of this petition, the petitioners have assailed the FIR bearing FIR No.0078 of 2025, dated 26.04.2025, under Sections 87 & 137 (2) of B.N.S., Police Station Sadarpur, District- Sitapur with further prayer to direct opposite parties no.2 & 3 not to harass/ arrest the petitioners and family members of the petitioners pursuant to the aforesaid FIR. 4. Learned counsel for the petitioners has stated that petitioner no.1 and the victim were in love affairs, so petitioner no.1 got married with the victim/ prosecutrix on 29.05.2025 at Arya Samaj Temple, Sector-H (Harsh Vihar Puraniya), Aliganj, Lucknow as certificate to that effect has been enclosed as Annexure No.SA-1 with the supplementary affidavit. Some photographs have been enclosed with the supplementary affidavit and some have been enclosed with the writ petition showing that relation of petitioner no.1 with the prosecutrix were cordial and they got married. Learned counsel for the petitioners has also drawn attention of this Court towards Annexure No.6 of the petition, which is a compromise deed between the parties dated 15.05.2025. 5. Learned counsel for the petitioners has stated that petitioner no.1 is willing to get his marriage registered but petitioner no.1 and his maternal uncle i.e. petitioner no.2 are apprehending their arrest on account of impugned FIR. 6. Learned AGA as well as learned counsel for opposite party no.4 have also not disputed the aforesaid fact. 7. Therefore, prima facie, it appears that petitioner no.1 has got married with the prosecutrix and petitioner no.1 is willing to get his marriage registered at the earliest. Petitioner no.2 is maternal uncle of petitioner no.1. If two major persons have got married willingly, then they should not be harassed by the police or any other agency. 8. Since the private opposite party no.4 has also not disputed the aforesaid fact, therefore, I hereby dispose of this writ petition finally at the admission stage giving liberty to petitioner no.1 to get his marriage registered at the earliest, say within a period of six weeks and the marriage registration certificate shall be produced before the investigating agency. If the investigation is pending, the same may go on wherein the petitioners shall cooperate. Till completion of investigation and filing of police report, the petitioners shall not be arrested. However, it is made clear that if the petitioners do not cooperate in the investigation, protection of this order may not be available to them. 9. Both the petitioners shall produce certified copy of this order before the investigating officer by appearing in person so that necessary steps pursuant to the investigation may be taken. Thereafter, the petitioners shall cooperate in the investigation. 10. This petition is disposed of finally in the aforesaid terms. (Ram Manohar Narayan Mishra,J.) (Rajesh Singh Chauhan,J.) Order Date :- 2.6.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench