SHIVANI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6164/2025 · 2025-07-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150374 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150374 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41738-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6164 of 2025 Petitioner :- Shivani And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Avikshit Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. 'Vakalatnama' along with counter affidavit filed by Ms.Seema Upadhyay, Advocate on behalf of respondent no.4 is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A., who appears for the State-respondents as well as Ms. Seema Upadhyay, learned counsel for respondent no.4 and perused the record. 3. This writ petition has been filed by the petitioners with following main prayers:
"(i) issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report lodged by the opposite party no.4, dated 28.02.2025, vide Case Crime No. 0073/2025, U/s- 87 B.N.S., P.S.-Harpalpur, District- Hardoi, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus, commanding the opposite party no. 1 to 3 not to arrest the Petitioners in garb of impugned First Information Report dated 28.02.2025, vide Case Crime No. 0073/2025, U/s-87 B.N.S., P.S.-Harpalpur, District-Hardoi, contained as Annexure No. 1 to this writ petition."
4. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 19.06.2025 as per Hindu Rites and Rituals in Arya Samaj Yaseenpur, Hardoi, but respondent no.4 has lodged F.I.R. against them alleging therein that petitioner no.2 has abducted petitioner no.1. 5. Learned A.G.A. on the basis of instructions and also Ms. Seema Upadhyaya, learned counsel for respondent no.4 submit that petitioner no.1 is minor as per her High School Examination Certificate, wherein her date of birth is 10.12.2007 and she is less than 18 years of age. 6. It has also been submitted that petitioner no.2 has already married with another girl namely Deepali D/o Moti Lal R/o Village Bebsar, Police Station Kasimpur, District Hardoi and photographs of wedding ceremony have also been filed with the counter affidavit filed today. 7. It has also been submitted by learned A.G.A. that petitioner no.1 was produced before the Child Welfare Committee concerned and has been sent with her parents vide order dated
11.06.2025. 8.
In view of aforesaid facts, it appears that this writ petition has been filed on misleading averments. 9. Accordingly, it is dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 22.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench