NAZIA KHATOON AND OTHERS v. STATE OF U.P. THRU PRIN.SECY. HOME LUCKNOW
/9123/2024 · 2025-11-19
Rajeev Bharti, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173664 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9123 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV BHARTI, J.
1. Case called out. 2. None appeared on behalf of the petitioners to press this petition nor any request for adjournment or pass over has been made whereas learned A.G.A. for the State is present. 3. This Court had passed the following order on 02.12.2024 :-
"1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record. 2. Issue notice to the opposite party no.4. 3. Office shall submit service report by affixing computer generated tracking report. 4. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 25.11.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0553 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Thakurganj, District-Lucknow West (Commissionrate Lucknow). 5. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 23.11.2024 as per Muslim customs at Masjid Sherwani Nagar, Lucknow. A copy of the Nikahnama has been annexed as Annexure No.2 to the writ petition. Petitioner no.1 has annexed a copy of her High School Certificate-cum-Marks Sheet and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-3 to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 19 years. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 before the next date and produce the marriage registration certificate on the next date. 6. It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged against the petitioners only in order to harass them, as such, the arrest of the petitioners may be stayed. 7.
After hearing learned counsel for the parties and going through the record, prima faice, the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, till the next date of listing or till the filling of the police report under Section 173(2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number. However, petitioner no.1 shall cooperate in the investigation and shall get her statement Versus Counsel for Petitioner(s) : Ramendra Kumar Counsel for Respondent(s) : G.A. Nazia Khatoon And Others .....Petitioner(s) State Of U.P. Thru Prin.Secy. Home Lucknow .....Respondent(s)
recorded under Section 164 Cr.P.C./183 of B.N.S.S., 2023. 8. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. 9. List immediately thereafter."
4. Learned A.G.A., on the basis of instructions dated 22.03.2025 received from Shri Akhilesh Kumar, Sub-Inspector/Investigating Officer, Police Station- Thakurganj, District- Lucknow, submits that the final report dated 22.12.2024 has been filed in the Court of Judicial Magistrate, Court No.24, Haidargarh, Barabanki on 07.01.2025, therefore, this petition has been rendered infructuous. The instructions are taken on record. 5. Dismissed accordingly. November 19, 2025 Anand/- CRLP No. 9123 of 2024 2 (Rajeev Bharti,J.) (Rajnish Kumar,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench