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2025 DAILYLAW 154571 (ALL)

VIPIN KUMAR RATHORE ALIAS BIPIN KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS

CRLP/6861/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44014-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6861 of 2025 Petitioner :- Vipin Kumar Rathore Alias Bipin Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Santosh Kumar Jha Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Short counter affidavit and Vakalatnama filed by Shri Neeraj Kumar Baghel, Advocate on behalf of opposite party no.4 today are taken on record. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Neeraj Kumar Baghel, learned counsel for the opposite party no.4. This petition has been filed by the petitioners with the following main prayer : "(a). issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned First Information Report dated 07.07.2025 lodged by the opposite party no. 4 against the petitioners which has been registered as F.I.R. No. 00247 of 2025, Under Section- 69, 89, 351(1), 351(3) BNS 2023 & 3(2)(v) The scheduled castes and the scheduled tribes (Prevention of atrocities Act, 1989, (Amendment 2015); at Police Station- Atrauli, District- Hardoi, which contained as Annexure No.1, to this writ petition. (b). issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 1 to 3, not to arrest the petitioners and also stayed the further proceeding of F.I.R. No. 0247 of 2025, Under Section- 69, 89, 351(1), 351(3) BNS 2023 & 3(2)(v) The scheduled castes and the scheduled tribes (Prevention of atrocities Act, 1989, (Amendment 2015) at Police Station Atrauli, District Hardoi." It has been submitted by learned counsel for the petitioners that the allegation in the F.I.R. is that the petitioner no.1 had made a false promise of marriage to the informant. However on 24.07.2025 the petitioner had married the informant and in pursuance of the the compromise that has taken place, original compromise has been filed as Annexure No.2 to the writ petition. Learned counsel for the respondent does not dispute the aforesaid contention. The writ petition is disposed of with a direction to the petitioner no.1 and opposite party no.4 to appear before the Station House Officer, Police Station Atrauli, District Hardoi on 11.08.2025 at 02:00 P.M. The Station House Officer, Police Station Atrauli, District Hardoi shall verify the compromise arrived at between the parties and submit an appropriate report before the Magistrate concerned. Till the appropriate report is submitted to the Magistrate concerned, the arrest of the petitioners in pursuance of the impugned First Information Report, shall remain stayed, of course, subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. The registry of this Court is directed to return the original copy of compromise annexed with Annexure No.2 to the writ petition to the counsel for the petitioners after retaining a photocopy of the same on record. Order Date :- 30.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench