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2025 DAILYLAW 175656 (ALL)

SHRADDHA YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND 3 OTHERS

/9018/2024 · 2025-11-19

Rajeev Bharti, Rajnish Kumar

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9018 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 27.11.2024 :- "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 08.10.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0414 of 2024, under Section 87 B.N.S., Police Station Dariyabad , 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 11.10.2024 as per Hindu Rites and Rituals in Om Panchmukhi Vighneshwar Mahadev Mandir, Surat. Petitioner No.1 has annexed copy of her High School Certificate-cum-Marks Sheet as Annexure-2 to the writ petition as well as Petitioner No.2 has annexed copy of his statement Versus Counsel for Petitioner(s) : Rakesh Kumar Mishra, Shri Prakash Pandey, Varun Vishal Pandey Counsel for Respondent(s) : G.A. Shraddha Yadav And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 3 Others .....Respondent(s) of Marks of High School as Annexure No.3 with the writ petition as proof of age. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also submits that petitioners have registered their marriage on 14.10.2024 and a Certificate of Registration of Marriage issued by the Government of Gujarat is also annexed as Annexure No.4 to the writ petition. 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." 4. Learned A.G.A., on the basis of instructions dated 12.11.2025 received from Shri Sudhir Tripathi, Sub-Inspector, Police Station- Dariyabad, District- Barabanki, submits that the final report no.B66/2024 dated 26.12.2024 has been filed in the concerned court, a copy of which has been produced before this Court and is taken on record, therefore, the petition has been rendered infructuous. 5. Dismissed accordingly. November 19, 2025 Anand/- CRLP No. 9018 of 2024 2 (Rajeev Bharti,J.) (Rajnish Kumar,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench