SMT. KAVITA AND ANOTHER v. STATE OF U.P. THRU.SECY. HOME GOVT. LKO. AND 3 OTHERS
CRLP/5607/2025 · 2025-06-24
Kshitij Shailendra, Pankaj Bhatia
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 147947 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147947 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36231-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5607 of 2025 Petitioner :- Smt. Kavita And Another Respondent :- State Of U.P. Thru.Secy. Home Govt. Lko. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh,Romit Seth 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 seeing quashing of the F.I.R. No. 108 of 2025, under Section 87 of BNS, Police Station Jaitpur, District Ambedkar Nagar lodged on 28.05.2025.
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. It is further argued that another F.I.R. was also got lodged on the same averments being F.I.R. No. 60/2025 under Section 87 of B.N.S., Police Station Baksa, District Jaunpur, challenging the said, the petitioner had approached this Court in Writ Petition No. 4759 of 2025, in which an interim protection was granted on 21.03.2025.
4. It is argued that in spite of the interim protection, the second F.I.R. being the F.I.R. impugned in the present petition has been lodged.
5. The documents on record indicate that both the petitioners are married, the age proof is also on record.
6. Considering the fact that petitioners have married out of their own freewill and also present before this Court, the continuance of the second F.I.R for the same cause of action would be wholly misuse of process of law, as such, F.I.R. No. 108 of 2025, under Section 87 of BNS, Police Station Jaitpur, District Ambedkar Nagar lodged on 28.05.2025 is quashed.
7. The petition stands allowed with the said observations/directions. (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