MUSKAN AND OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND OTHERS
CRLP/5790/2025 · 2025-07-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148432 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148432 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37006-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5790 of 2025 Petitioner :- Muskan And Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. This petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 18.6.2025 registered as case crime no. 191 of 2025 under Section 87 of the B.N.S., 2023 at Police Station- Maigalganj, District- Lakhimpur Kheri, which is contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus thereby commanding opposite parties not to harass and humiliate the petitioners or threat to arrest pending investigation into the matter or till filing report under Section 193 BNSS which is earlier. "
3. It has been submitted by the learned counsel for the petitioners that petitioner no. 1 and petitioner no. 2 have married each other out of their sweet will. The petitioner nos. 3, 4 and 5 are family members of the petitioner no. 2 and they have falsely been implicated in the present case.
4. Learned A.G.A. has produced before this Court the instruction dated 23.6.2025 sent by Sub Inspector- Sunil Tiwari, Police Station - Maharajganj, District- Lakhimpur Kheri wherein it has been stated that on the basis of educational certificates of the petitioner no.1 she was found to be 19 years of age. She has given her statements under Section 180 and 183 BNSS that she has willingly married with the petitioner no. 2. The final report has been prepared on 30.6.2025 which has been sent to the supervisory authority. The instruction is kept on record.
5. In view of above, the writ petition is disposed of. Order Date :- 1.7.2025 / Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench