DEEPIKA SONI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS
CRLP/7079/2025 · 2025-08-07
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156297 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46197-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7079 of 2025 Petitioner :- Deepika Soni And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Manish Vaish Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Manish Vaish, learned counsel for the petitioners and Sri Rishikesh Verma, learned AGA for the State and Sri Gaya Deep Singh, Advcoate who has filed his vakalatnama on behalf of opposite party no. 4 and the same is taken on record. 2. Sri Manish Vaish has filed amendment application, challenging the impugned FIR No. 165 of 2025 under Section 87 of BNS at P.S. Tulsipur, District Balrampur, which has been lodged against the petitioner no. 2 on 23.07.2025, the same is taken on record. 3. Considering the submission of Sri Manish Vaish, the amendment application is allowed. 4. Office is directed to allot the application number. 5. Let necessary amendment be carried out during the course of the day. 6. Sri Vaish has submitted that the petitioners are major persons, have attained the marriageable age, therefore, they got married. Sri Vaish has submitted that both the parties are present in the Court. 7. On the aforesaid submission, the parties have been called. 8. Petitioner No. 1, Mrs. Deepika Soni has stated that she is major girl and has attained marriageable age and was willing to get married with the petitioner no. 2, Priyank Soni, therefore, she got married with him on 24th July 2025. She has further stated that her marriage has been registered on 31st July 2025. The marriage certificate being issued from Arya Samaj Mandir, Dadri Gautam Budh Nagar, U.P. and Certificate of Registration
of Marriage dated 31.07.2025, issued under the U.P. Marriage Registration Rules, 2017 has been enclosed as Annexure No. 1. So as to show her age, the High School certificate of the petitioner no. 1 has been enclosed showing her date of birth as
07.05.2003. She has further stated that she is happily living with the petitioner no. 2, and she has no grievance against him. Sri Priyank Soni, petitioner no. 2 has also stated that he was in affairs with the petitioner no. 1, so he got married with her.
After getting married, they are living together as husband and wife happily and he is looking after her properly. Petitioner no. 2 has given undertaking that he shall take care of her properly. Therefore, both the parties have requested that the concerning police officers may be directed not to harass them. 9. Learned counsel for the petitioner has stated that the police may be directed not to take any coercive steps against the petitioner no. 2 pursuant to the impugned First Information Report. 10. Learned AGA has submitted that although both the petitioners have stated that they have married and have got their marriage registered but it would be appropriate that the petitioners may be directed to get their statements recorded in pending investigation proceeding. 11. Sri Gaya Deep Singh, learned counsel for the opposite party no. 4 have opposed the aforesaid prayer of the petitioners. He submitted that the petitioner no. 1 has got married with the petitioner no. 2, despite the fact that her elder sister is still unmarried and the father of the petitioner no. 1 would have no objection if she would have married petitioner no. 2 after the marriage of the elder daughter of the complainant. 12. Be that as it may, since, the parties who are present before the court, are major and have attained the marriageable age and have got married, therefore, no one can create any obstruction in their peaceful married life. Both the major persons may take their own decision regarding their marriage. 13. Since, they have got their marriage registered before the Marriage Registering Authority, this is more the reason that no restriction of any kind whatsoever should be imposed against them. 14. Since, pursuant to the impugned First Information Report, the investigation is going on, therefore, both the petitioners are
directed to appear before the Investigating Officer on 20th August 2025 at 11:00 AM sharp, where their statements would be recorded.
15. The petitioners would not be unnecessarily held up in the police station and after recording their statement, they may be relieved from the police station at once.
16. If the present petitioners receive any threatening calls or there is any threat perception, they may approach the Superintendent of Police, Balrampur by filing an appropriate application and the Superintendent of Police, Balrampur shall ensure that the rights and personal liberty of the present petitioners are protected strictly in accordance with law.
17. It is again reiterated that the present petitioners may not be harassed by the police or any person.
18. Accordingly, the writ petition is disposed off.
Order Date :- 7.8.2025 Anurag . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench