SANGITA v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND 3 OTHERS
CRLP/10481/2025 · 2025-11-13
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181682 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181682 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10481 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner, learned AGA appearing on behalf of the respondents no. 1 to 3 and Sri Rajesh Kumar, Advocate who claims to have filed his Vakalatnama on behalf of the respondent no. 4 in the registry yesterday. 2. By means of the instant criminal writ petition, the petitioner has prayed for quashing of the First Information Report dated 29.07.2025 registered as Case Crime No. 0451 of 2025 under Sections 64, 61 (2) of B.N.S, 2023 & Section 67 of the Information Technology Act, 2008 at Police Station- Maurawan District- Lucknow, a copy of which is annexure 1 to the writ petition. 3. Contention of learned counsel for the petitioner is that a perusal of the impugned first information report would indicate that the main allegations as have been levelled are against are Sri Dheeraj Kumar who is the brother of the petitioner. 4. As per allegations levelled in the first information report, the brother of the petitioner namely Sri Dheeraj Kumar initially established the physical relationship with the complainant and thereafter he got married. Subsequently, the aforesaid first information report has been lodged. 5. Contention of learned counsel for the petitioner is that the statement given by the victim under Section 183 of B.N.S, 2023 which has been produced by the learned AGA indicates that the petitioner is alleged to have given a spiked cold drink to the complainant in the year 2019. Subsequent thereto, the brother of the petitioner and the respondent no. 4 have got married and the marriage has also been registered vide registration dated 31.01.2025, a copy of which is annexure 3 to the writ petition. The said marriage is said to have taken on 15.01.2025 in the Arya Samaj Mandir, Sector- H, Harsh Vihar, Aliganj District- Lucknow. 6. Contention is that considering the conduct of the respondent no. 4 it is apparent that Versus Counsel for Petitioner(s) : Manoj Kumar Gupta, Ashish Chaurasia, Shubham Dixit, Swati Singh Rajawat Counsel for Respondent(s) : G.A., Javed Khan, Rajesh Kumar Sangita .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (Home) Lko.
And 3 Others .....Respondent(s)
no allegations are made out against the petitioner and if at all, the same can only be said to be against Sri Dheeraj Kumar. 7. On the other hand, learned AGA has supported the statement of the victim given under Section 183 B.N.S, 2023 wherein she has specifically stated that the petitioner had given a spiked cold drink in the year 2019. However, Sri Rajesh Kumar, learned counsel for the respondent no. 4 does not dispute that the marriage had taken place between the respondent no. 4 and the brother of the petitioner namely Sri Dheeraj Kumar and has been registered. 8. Considering the aforesaid, it is provided that no coercive action shall be taken against the petitioner till any cogent/credible evidence is found against her. 9. Needless to mention that the petitioner shall cooperate in the investigation. In case of non cooperation, the petitioner will not be entitled to the benefit of this order. 10. The writ petition stands disposed of. November 13, 2025 Pachhere/- CRLP No. 10481 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench