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2025 DAILYLAW 147808 (ALL)

KAMNI DEVI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/5553/2025 · 2025-06-24

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36234-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5553 of 2025 Petitioner :- Kamni Devi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sanjay Kumar Verma,Mukul Verma Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State respondent and perused the material available on record. 2. The present petition has been filed by the petitioner seeking quashing of FIR No. 0310 of 2025, under Sections 137(2) & 351(3) of B.N.S., Police Station Motipur, District Bahraich. 3. The contention of the counsel for the petitioners is that the petitioner no. 1 and petitioner no. 2 are major and they have married out of their own free will in terms of the certificate of marriage issued by Arya Samaj Mandir. The educational certificate on record indicates that both the petitioner nos. 1 & 2 are major. 4. Considering the fact that the petitioner nos. 1 & 2 are major and have married out of their own free will, continuing the FIR would be a futile exercise, as such, the FIR in question is quashed. 5. The writ petition stands allowed in terms of the above. (Kshitij Shailendra, J) (Pankaj Bhatia, J) Order Date :- 24.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench