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2025 DAILYLAW 147400 (ALL)

MADHU DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/5461/2025 · 2025-06-25

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36379-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5461 of 2025 Petitioner :- Madhu Devi and another Respondent :- State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and others Counsel for Petitioner :- Virendra Pratap Singh Yadav,Anupam Mishra,Pooja Mishra Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Supplementary affidavit in the nature of amendment application filed is taken on record. 2. The prayer to amend the prayer clause of the writ petition is allowed. 3. The petitioner is permitted to amend the petition during the course of the day. 4. The present petition was initially filed for grant of protection on account of marriage performed by petitioner nos.1 and 2. Subsequently, F.I.R. No.0402 of 2025 lodged under Section 87 of Bhartiya Nyaya Sanhita, 2023 is also sought to be quashed in view of the prayer made in the supplementary affidavit. 5. The contention of counsel for the petitioners is that both the petitioners are major as is evident from the High School Marksheet of petitioner No.1 (Annexure No.1) and Aadhar Card of petitioner No.2 (Annexure No.2) annexed with the writ petition. Proof of performance of marriage between the parties has also been annexed alongwith the writ petition as Annexure No.3 to the writ petition. 6. Considering the submissions advanced by the parties and material available on record, the writ petition is allowed and the aforesaid FIR No.0402 of 2025, under Section 87 of Bhartiya Nyaya Sanhita, 2023, Police Station-Mohammadi, District Kheri is hereby quashed. Order Date :- 25.6.2025 Jyotsana (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad, Lucknow Bench