Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 147806 (ALL)

SMT. REKHA ARYA @ ANJUM BANO AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

CRLP/5542/2025 · 2025-06-24

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:36242-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5542 of 2025 Petitioner :- Smt. Rekha Arya @ Anjum Bano And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Petitioner :- Adarsh Kumar Tripathi,Gyanendra Pathak 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 seeking quashing the F.I.R. No. 0057/2025,under Section 137(2), 87 and 61(2) B.N.S., Police Station-Gaura Chauraha, District Balrampur. 3. The neat contention of learned counsel for the petitioners is that the petitioner No. 1 and 2 are major and have married out of their own freewill. 4. Prima facie, the documents on record indicate that both the petitioners are major and have married out of their own free will. 5. Considering the fact that the petitioner No. 1 is Muslim by religion and petitioner No. 2 is Hindu by religion, the marriage ought to have been performed under the Special Marriage Act or after the conversion of the religion by either of the parties. In any case, the petitioners being major are entitled for protection, as such the present petition is disposed of quashing the F.I.R. in question i.e. F.I.R. No. 0057/2025,under Section 137(2), 87 and 61(2) B.N.S., Police Station-Gaura Chauraha, District Balrampur, as prima facie no offence is made out. However, it is directed that the petitioner No. 1 and 2 shall take steps for registration of their marriage under the Special Marriage Act within a period of four months from today. (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