SMT. SHIVA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5442/2025 · 2025-06-24
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147359 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147359 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36291-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5442 of 2025 Petitioner :- Smt. Shiva And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Uttam Kumar Awasthi Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned Counsel for the petitioners and learned A.G.A.
2. The present petition has been filed by the petitioners challenging F.I.R. dated 13.06.2025 registered as Case Crime No.0294 of 2025, under Section 87 B.N.S., Police Station Sandi, District Hardoi.
3. Learned A.G.A. has filed instructions today in Court. The same is take on record.
4. The contention of learned counsel for the petitioners is that both the petitioners are major and have performed marriage out of their own sweet will at Arya Samaj Mandir, Hardoi. A certificate as a proof of marriage has also been annexed as Annexure No.4 to the writ petition.
5. Learned A.G.A. submits that the date of birth of the girl is 07.11.2006, therefore, there is no dispute regarding the majority of the girl, who has also filed an affidavit in support of the present writ petition.
6. Considering the facts and circumstances of the case, no useful purpose would be served in keeping the F.I.R. pending, as such, F.I.R.in question i.e.F.I.R. dated 13.06.2025 registered as Case Crime No.0294 of 2025, under Section 87 B.N.S., Police Station Sandi, District Hardoi is quashed.
7. The petition stands allowed with the said observations/directions. (Kshitij Shailendra,J.) (Pankaj Bhatia,J.) Order Date :- 24.6.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench