Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 167277 (ALL)

RUKHSAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/9200/2025 · 2025-09-24

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9200 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Qazi Mohd. Ahmad, learned counsel for the petitioners and learned AGA. 2. Learned counsel for the petitioners submits that the petitioners are major in age and they have solemnized their marriage but since the respondent no.4 was not agreeing for the marriage, therefore, the impugned F.I.R. mentioning the wrong date of birth of the petitioner no.1 has been lodged by the respondent no.4. 3. Learned AGA submits that the offence alleged in the impugned F.I.R. entails sentence of less than seven years and also the fact that no proof of age has been annexed alongwith the petition, therefore, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be complied in view of the judgments rendered by 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. Versus Counsel for Petitioner(s) : Qazi Mohd.Ahmad, Aftab Alam, Dilshad Ahmad Siddiqui Counsel for Respondent(s) : G.A. Rukhsar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 4. In view of above, the petition is disposed of with liberty to the petitioners to submit the relevant documents regarding proof of age before the Investigating Officer. September 24, 2025 Akanksha Sri/- CRLP No. 9200 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench