VIJAY LAXMI AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/9844/2024 · 2025-11-07
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174519 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174519 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9844 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. None for the petitioners. 3. There is no request of pass over or adjournment of the case. 4. This Court passed the following order on 20.12.2024:
"1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the opposite party nos.1 to 3 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 21.10.2024 registered as F.I.R./Case Crime No.0646 of 2024, under Section 87 B.N.S., Police Station Ramnagar, District Barabanki. 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 16.12.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Chinhat, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.2 to the writ petition. Petitioners have annexed copies of their Aadhar Card as Annexure-3 to the writ petition as proof of age. Even as per F.I.R., the age of petitioner No.1 is stated to be of 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 within a period of four weeks. Versus Counsel for Petitioner(s) : Dinesh Kumar, Gyanendra Kumar Tiwari Counsel for Respondent(s) : G.A. Vijay Laxmi And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s)
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 recorded under Section 164 Cr.P.C.
8. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. 9. List immediately thereafter."
5. Learned AGA on the basis of counter affidavit filed today and taken on record, submits that Final Report No. 02/2025 dated 8.1.2025 has been forwarded in the matter, therefore, this petition has rendered infructuous. 7. Dismissed accordingly. November 7, 2025 Fahim/- CRLP No. 9844 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench