SMT. RUKSAR @ MUSKAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5494/2025 · 2025-06-25
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147706 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147706 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36389-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5494 of 2025 Petitioner :- Smt. Ruksar @ Muskan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sandeep Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioners and the learned AGA for the State-respondents.
2. The present petition has been filed seeking quashing of First Information Report dated 13.06.2025 registered as Case Crime No.230 of 2025, under Sections 137(3), 87 B.N.S., P.S. Kotwali Dehat, District Bahraich.
3. It is submitted by learned counsel for the petitioners that the petitioner no.1 belongs to Muslim religion whereas petitioner no.2 belongs to Hindu religion and they have performed marriage out of their sweet will in a temple. Necessary documents of age proof have also been annexed with the writ petition.
4. We are of the view that there being no conversion of religion by either of the petitioners, it is case where provisions of Special Marriage Act would be applicable. Nevertheless, both the petitioners have performed marriage and are residing together.
5. Accordingly, the writ petition is allowed. The impugned FIR is quashed, however, with an observation that the petitioners shall get their marriage registered under the provisions of Special Marriage Act within a period of three months from today. Order Date :- 25.6.2025/AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench