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2025 DAILYLAW 147695 (ALL)

SHARDA @ MADHU AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/5518/2025 · 2025-06-23

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36101-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5518 of 2025 Petitioner :- Sharda @ Madhu and 4 others Respondent :- State of U.P. Thru. Prin. Secy. Home Lko. and 3 others Counsel for Petitioner :- Vikas Maurya 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. for the State. 2. This writ petition has been filed with the prayer to quash the First Information Report dated 27.05.2025, under Sections 87, 137(2) Bhartiya Nyaya Sanhita, 2023, Police Station Mailani, District Khiri. Further prayer is not to arrest the petitioners pursuant to the aforesaid F.I.R. 3. It is contended that both petitioner Nos.1 and 2 are major and have performed marriage in accordance with hindu rites and rituals. Though the marriage has not been registered, certificate issued from Arya Samaj, Damodhar Pooram, Subhash Nagar, Bareilly has been annexed alongwith other material. Allegation against the remaining petitioners is that of supporting the performance of marriage between petitioner nos.1 and 2. 4. In view of the above, a case for grant of protection stands made out. 5. The writ petition is disposed of directing the respondents not to take any coercive measure against the petitioners pursuant to the aforesaid F.I.R. till submission of police report under Section 193(3) of Bhartiya Nagrik Suraksha Sanhita, 2023. Order Date :- 23.6.2025 Jyotsana (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad, Lucknow Bench