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2025 DAILYLAW 155571 (ALL)

SMT. ASHI YADAV AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND OTHERS

/7015/2025 · 2025-08-06

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45705-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7015 of 2025 Petitioner :- Smt. Ashi Yadav And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Seraj Ahmad,Pawan Kumar Maurya 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 Arun Verma, learned AGA for the State and perused the record. 2. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with. 3. The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 25.07.2024 bearing Case Crime No.0291 of 2025 under Sections 87, 351(3) & 352 of B.N.S., 2023, Police Station- Gudamba, District- Lucknow. 4. Learned counsel for the petitioners has submitted that petitioner Nos. 1 & 2 are major and they have married each other of their own volition on 23.07.2025 in Arya Samaj Temple, Budh Bihar, Chinhat, Lucknow as marriage certificate has been enclosed as Annexure No.2 with this petition. Thereafter, they are living together as husband and wife. A copy of Certificate-cum-Marksheet of High School Examination- 2018 has been enclosed with this petition to substantiate that petitioner No.1 is major as her date of birth is 28.10.2003. The opposite party No.4 is the father of petitioner No.1, who is not agreeable for that marriage therefore he lodged the impugned FIR against petitioner Nos. 2, 3 & 4. Learned counsel for the petitioners further submitted that being major, petitioner Nos. 1 & 2 may take their decision and no one can create any hindrance and obstruction on their peaceful life. 5. Learned AGA has submitted that since the investigation is going on therefore the direction may be issued to both the petitioners to cooperate in the investigation so that the police report could be filed. 6. Having heard learned counsel for the parties and without entering into the merit of the issue, we hereby dispose of this petition finally at the admission stage protecting the liberty of both the petitioners in the impugned FIR directing them to appear before the Investigating Officer on 13.08.2025 at 11.00 AM. sharp to cooperate in the investigation. They shall further cooperate in the investigation till filing of the police report, failing which this protection may be withdrawn on the application being filed by the prosecution or by the opposite party No.4. 7. Accordingly, the writ petition is disposed of finally at the admission stage. Order Date :- 6.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench