HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10057 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. .. 1. Case called out. 2. None appeared on behalf of the petitioner 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 07.01.2025:- "Heard learned counsel for the parties and perused the record. An affidavit has filed seeking amendment in the writ petition, which is taken on record. Amendment application is allowed. Let the necessary amendment be incorporated during course of the day. The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 12.12.2024 bearing Case Crime No. 0204 of 2024 under Section 87 B.N.S. 2023, Police Station-Itaunja District- Lucknow Learned counsel for the petitioners has submitted that both the petitioners are major and they have married each other of their own volition on 12.12.2024, which however, is not being accepted by the family members of the petitioners. In support of her age proof, petitioner no.1 has annexed her High School Certificate-cum-mark sheet as Annexure-1, wherein her date of Versus Counsel for Petitioner(s) : Jitendra Kumar Chaudhary, Aklavya Counsel for Respondent(s) : G.A. Mansi Katheriya And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others .....Respondent(s) birth is mentioned as 05.05.2006. Petitioner No.2 has also filed High School Certificate-cum-Marks sheet in support of his age proof. The petitioners have also annexed marriage certificate issued by Arya Samaj Sector- H (Harsh Vihar Purania) Aliganj, Lucknow, which is annexed as Annexure No.3 to the amendment affidavit and as the petitioners were of marriageable age at the time of marriage, no offence under Section 87 of BNS, 2023 is made out. Counsel for the petitioners also states that the petitioners are in process for getting the marriage registered and he shall produce the certificate on the next date. A case for consideration is made out. Issue notice to opposite party no. 4. Let the pleadings be exchanged within four weeks. List this case after four weeks. Considering the submissions made, it is provided that till the next date of listing, petitioners shall not be arrested in pursuance to the First Information Report dated 12.12.2024 bearing Case Crime No. 0204 of 2024 under Section 87 B.N.S. 2023, Police Station- Itaunja District-Lucknow. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. Petitioner No.1 (girl petitioner) shall also record her statement under Section 164 Cr.P.C.. If they do not do so then it can be a ground for seeking vacation of this inter interim order." 4. Learned A.G.A has stated that the counter affidavit which was prepared could not be filed, submits that the final report dated 11.01.2025 has been forwarded in matter, therefore, this petition has rendered infructuous. 5. Dismissed accordingly. November 11, 2025 Shahnaz CRLP No. 10057 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench