HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8089 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Sushant Kumar Mishra, Advocate on behalf of opposite party no. 4 is taken on record. 2. Heard Shri Sheel Nidhi Shukla, learned counsel for the petitioners and learned AGA for the State as well as learned counsel for the opposite party no.4. 3. This petition has been filed with the following prayer(s):- "i-To issue a writ, order or direction in the nature of writ of certiorari thereby quashing the impugned first information report Dated-13.08.2025, Crime number 336/2025 Under section-316(2), 351(2), 352, 131, 333, 115(2), 109, 351(3),324(4) B.N.S P/S- Salon, District-Reabareli lodged by the opposite party no - 4 as contained in Annexure no -1 to this writ petition ii-To issue a writ order, or direction I the nature of mandamus commanding the opposite party no - 2 and 3 do not arrest / harass the petitioner is pursuance of first information report Dated-13.08.2025 Crime number 336/2025 Under section-316(2), 351(2), 352, 131, 333, 115(2), 109, 351(3),324(4) B.N.S_P/S- Salon , District-Reabareli lodged by the opposite party no - 4." 4. Learned counsel for the petitioners submits that F.I.R. has been lodged in counterblast to the F.I.R. No. 0321 of 2025 under Sections 69, 115(2), 352, 351(3) BNS, 2023 dated 01.08.2025 lodged by the petitioner no. 1 at Police Station Salon, District Raebareli. Even otherwise the submission of learned counsel for the petitioners is that the impugned F.I.R. has been Versus Counsel for Petitioner(s) : Priya Mishra, Sheel Nidhi Shukla Counsel for Respondent(s) : G.A. Alfiya @ Alfiya Bano And 2 Others .....Petitioner(s) State Of U.P. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) lodged on the basis of false and concocted story, whereas none has suffered injury. He further submits that the petitioner no. 1 is ready to marry to the son of the respondent no. 4 with whom, she was residing for about last one year. Thus, the submission is that the impugned F.I.R. is liable to be quashed. 5. Learned AGA for the State, on the basis of instructions, submits that after the investigation, Section 109 BNS has been omitted and rest of the offences are having sentence of less than seven years in regard to which the investigation is going on. 6. Faced with above, learned counsel for the petitioners submits that the petition may be disposed in terms of the judgment of Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51 to which there is no objection by learned AGA for the State as well as learned counsel for the opposite party no.4. 7. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 18.09.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. September 8, 2025 Raj CRLP No. 8089 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench