RANI KURAISI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/5526/2025 · 2025-06-26
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147704 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147704 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36487-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5526 of 2025 Petitioner :- Rani Kuraisi and others Respondent :- State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and others Counsel for Petitioner :- Anupam Mishra,Pooja Mishra,Virendra Pratap Singh Yadav Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Vakalatnama filed by Shri Sandeep Singh on behalf of opposite party No.4 is taken on record.
2. Heard learned counsel for the petitioner, learned A.G.A. for the State and Shri Sandeep Singh on behalf of opposite party No.4.
3. The present writ petition has been filed seeking quashing of F.I.R. No.0136 of 2025, under Section 137(2) Bhartiya Nyaya Sanhita, 2023, Police Station Risiya, District Bahraich.
4. Learned counsel for the petitioners submits that petitioner Nos.1 and 2 are major and have performed marriage out of their own sweet will. Age of petitioner No.2 is 21 years, as is evident from the High School Marksheet, annexed as Annexure No.2 to the petition and petitioner No.1 is 18 years of age. Submission is that inadvertently copy of High School Marksheet of petitioner No.1 could not be annexed alongwith the instant petition. Its copy has been produced before this Court today. The same is taken on record. A copy of Nikahnama has already been annexed alongwith the petition as Annexure No.4 as a proof of marriage.
5. Learned A.G.A. as well as learned counsel for the opposite party No.4 do not dispute that marriage has been performed between the parties and both the parties are major, however, they submit that cognizable offence has been committed.
6. Considering the facts and circumstances of the case, we are satisfied that both the parties are major and have performed marriage out of their own sweet will.
7. In view thereof, no fruitful purpose would be served continuing with criminal prosecution.
8. The writ petition is allowed.
9. The aforesaid impugned F.I.R. No.0136 of 2025 is hereby quashed. Order Date :- 26.6.2025 Jyotsana (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad, Lucknow Bench