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2025 DAILYLAW 147071 (ALL)

MOHD. SHAHBAZ AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME AND OTHERS

CRLP/5388/2025 · 2025-06-23

Kshitij Shailendra, Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36104-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5388 of 2025 Petitioner :- Mohd. Shahbaz And Another Respondent :- State Of U.P. Thru. Secy. Home And Others Counsel for Petitioner :- Manjusha Kapil,Ashish Kumar Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the parties. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 05.06.2025 registered as Case Crime No. 191 of 2025, under Section 87 of BNS, Police Station Kotwali Rudauli, District Ayodhya and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. It is contended that both the petitioners are major and belong to the same religion. Further submission has been made that the petitioners have performed marriage on their own sweet will and without any coercion and that their marriage has already been registered in accordance with law before the Marriage Registration Officer. Marriage registration certificate has been annexed as Annexure No. 2 to the writ petition. 4. Considering the above facts and the documents on record, we find that continuance of criminal case against the petitioners, who have already performed marriage, would be an exercise in futility and no offence under Section 87 of BNS 2023 stands made out against the petitioner No. 1 at this stage. 5. Consequently, the writ petition is allowed. The aforesaid first information report dated 05.06.2025 lodged against petitioner No. 1 stands quashed. Order Date :- 23.6.2025 Sazia (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad, Lucknow Bench