PINKI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/5755/2025 · 2025-06-27
Alok Mathur, Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148453 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36736-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5755 of 2025 Petitioner :- Pinki And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Savita Jain Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Ms. Savita Jain, learned counsel for the petitioners as well as learned Standing Counsel for the respondents. 2. It has been submitted by learned counsel for the petitioners that petitioner nos. 1 and 2 were in love relationship and are major as age of petitioner no. 1 is twenty years while age of petitioner no. 2 is 28 years, which is determined on the basis of documents annexed alongwith the present writ petition. 3. The grievance of petitioners is that despite the fact that they have entered into matrimonial alliance on 17.06.2025, according to Hindu Rites and Rituals and certificate of marriage issued by Pragatisheel Hindu Samaj Niyas Mandir, Kaiserbagh, Lucknow has also been annexed alongwith the writ petition, the Police are harassing the petitioners and threatening to arrest them in pursuance to first information report lodged by the mother of petitioner no. 1 being FIR No. 191/2025, under Sections 137(2) and 87 of BNS, at Police Station - Bijnaur, District - Lucknow. 4. Considering the aforesaid submissions and as per the material adduced in the writ petition, we find that prima-facie the petitioners are major and in case it is so, they certainly have right to choose life partners and hence we find that sufficient ground for interference is made out. Accordingly, to verify the aforesaid facts, let respondent no. 3 - Station House Officer, Police Station - Bijnaur, District - Lucknow is directed to produce petitioner no. 1 before the concerned Magistrate for recording her statement under Section 183 of BNSS, within next one week and once statement under Section 183 of BNSS is recorded, he is further directed to conclude the investigation in the matter expeditiously, say within a period of four weeks from the date of recording of statement under Section 183 of
BNSS. 5.
It is further provided that till submission of the Police report before the Court concerned, no coercive steps shall be taken against the petitioners in pursuance to FIR No. 191/2025, under Sections 137(2) and 87 of BNS, at Police Station - Bijnaur, District - Lucknow. Needless to say that this order is subject to cooperation by the petitioners during investigation. 6. With above observations/directions, present writ petition stands disposed of. Order Date :- 27.6.2025 A. Verma (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench