RAMA VATI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
/6920/2025 · 2025-08-04
Rajesh Singh Chauhan, S Q H Rizvi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 154977 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154977 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45065-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6920 of 2025 Petitioner :- Rama Vati And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Amit Kumar Awasthi,Jayesh Dutt Dwivedi Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard learned counsel for the petitioners, Sri S. N. Tilhari, learned A.G.A. for the State-respondents and perused the material placed on record. 2. In view of the order proposed to be passed, notice to respondents No. 3 is hereby dispensed with. 3. This writ petition has been filed with the following main prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the FIR (Annexure no.1) so far as relates to the petitioners, in respect of F.LR No. 334/2025, U/s 87 B.N.S Act, P.S.- Isanagar, District- Kheri. (ii) Issue a writ, order or direction in the nature of mandamus direction the Opposite parties not to arrest and harass the petitioner, in respect of F.I.R No. 334/2025, U/s 87 B.N.S Act, P.S.- Isanagar, District- Kheri. (iii) Issue a writ, order or direction in the nature of mandamus directing the Opp. parties for fair investigation in connection with the aforesaid case."
4. Attention has been drawn towards the impugned FIR wherein an allegation has been levelled against the petitioner No. 2 to the effect that the petitioner has eloped the daughter of the complainant and her whereabouts are not traceable. The age of the daughter of the applicant has been indicated as 19 years. Further attention has been drawn towards Annexure No. 3, which is a marriage certificate of the petitioner No. 2 with the petitioner No. 1 from Arya Samaj, Shivpuri, Kamta, Chinhat, Lucknow. 5. Learned counsel for the petitioner has stated that the petitioners have got married on 25.07.2025 and since then, they
are living happily as husband and wife. He has further stated that both the petitioners are major so they can take decision for their life and no one can create any obstruction or hindrance in their peaceful matrimonial life. 6. Learned A.G.A. has submitted that though he has no specific instructions regarding marriage of the petitioners but any appropriate direction may be issued in the interest of prosecution. 7.
Therefore, without going into the merits of the issue, I hereby dispose of this petition finally at the admission stage, directing the petitioners to appear before the investigating officer concerned on 11.08.2025 at 11:00 am to co-operate in the investigation and they shall further co-operate in the investigation till filing of the police report. The petitioners shall get their marriage registered before the Marriage Registering Authority at the earliest, say, within a period of two months from today and the Marriage Registering Authority may register the marriage of the petitioners strictly in accordance with law after being satisfied that all formalities have been completed by the parties. 8. It is directed that the petitioner No. 2 shall not be arrested pursuant to the impugned FIR till completion of the investigation and filing of the police report subject to proper co- operation. 9. With the aforesaid directions, the writ petition stands
disposed of.
Order Date :- 4.8.2025 (Manoj K.) (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench