VED PRAKASH @ RANU SHARMA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND OTHERS
CRLP/6619/2025 · 2025-07-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152487 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152487 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42941-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6619 of 2025 Petitioner :- Ved Prakash @ Ranu Sharma And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed by the petitioners with the following main prayer :
"(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 against the petitioners on dated 01.07.2025 at F.I.R. No. 0101 of 2025, under section 498-A, 323, 504, 313 IPC and section 3/4 of D.P. Act, 1961 at Police Station Bazarkhala, District Lucknow, in the interest of justice. Contained in Annexure No. 1 to this writ petition. (ii). Issue a writ, order or direction in the nature of mandamus directing the opposite party no.2 and 3 not to arrest the petitioners in the impugned first information report lodged by the opposite party no. 4 against the petitioners on dated 01.07.2025 at F.I.R. No. 0101 of 2025, under section- 498-A, 323, 504, 313 IPC and section 3/4 of D.P. Act, 1961 at Police Station Bazarkhala, District Lucknow, in the interest of justice. Contained in Annexure No. 1 to this writ petition." It has been submitted by learned counsel for the petitioners that the petitioner no.1 was earlier married to Shewet Sharma in the year 2014, and therefore, he could not have married the informant
in the year 2022 during the subsistence of the earlier marriage. A copy of the decree in Case No.864 of 2018, passed by Additional Principal Judge, Family Court-II, Gorakhpur, allowing the application under Section 13 of Hindu Marriage Act and awarding the divorce to the petitioner no.1, has been annexed as Annexure No.2 to the writ petition. It has also been submitted by learned counsel for the petitioners that petitioner no.1 was divorced by judicial order on 30.10.2024 and he did not marry the informant. It is further contended that the entire story as set up in the F.I.R. is fabricated.
It has been stated that the petitioner no.1 has also submitted an application to the Senior Superintendent of Police, Gorakhpur on 07.10.2024 wherein he stated the correct facts. We have gone through the application allegedly submitted by the petitioner no.1 to the Senior Superintendent of Police, Gorakhpur and find from the same that the petitioner no.1 has admitted therein that his mother had given the informant ornaments worth about Rs.5,00,000/-. This Court finds it difficult to believe that the mother of the petitioner no.1 would have given such ornaments to the informant without any marriage having taken place. Learned A.G.A. has produced before this Court the instructions sent by Shri Dipankar Sharma, Sub Inspector, Police Station Bazarkhala, District Lucknow wherein it has been stated in paragraph no.7 that initially when the complaint was lodged, the parties were sent to the mediation centre, but mediation failed and thereafter the F.I.R. was lodged. Copy of such instructions is kept on record. From a perusal of the F.I.R., a cognizable offence is made out. We find no good ground to interfere. The writ petition is, accordingly, dismissed. Order Date :- 25.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench