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2025 DAILYLAW 188982 (ALL)

SMT. KHUSHNUMA @ KHUSHNUMA BANO AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 2 OTHERS

CRLP/9848/2024 · 2025-11-18

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9848 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Case called out. 2. None for the petitioner to press the petition. There is no request of adjournment or pass over of the case. 3. 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 and 2 and perused the record. 2. Issue notice to the opposite party no.3. 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 15.12.2024, lodged by the opposite party no.3 registered as F.I.R./Case Crime No.265 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Matera, District-Bahraich. 5. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 belong to different religion and are major and have entered into marriage agreement on 11.12.2024 by their own free will. The copy of the marriage agreement is annexed as Annexure No.4 to the writ petition. Petitioner no.1 has annexed a copy of her High School Certificate-cum- Marks Sheet as Annexure-2 and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-3 to the writ petition as proof of age. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the Special Marriage Act, 1954 within a period of two weeks Versus Counsel for Petitioner(s) : Amit Kumar Awasthi, Anand Kumar Shukla Counsel for Respondent(s) : G.A. Smt. Khushnuma @ Khushnuma Bano And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others .....Respondent(s) from today. Further submission of learned Counsel for the petitioners is that the petitioner No.3 is the father of petitioner No.2 and he has no role to play in the alleged offence as the petitioner No.1 and petitioner No.2 have married on their own sweet will and they both are major. 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 193 of B.N.S.S., 2023, 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 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 AGA on the basis of instructions received from Sri Ravindra Kumar, SI, P.S. Matera, District Bahraich, a copy of which has been produced before this Court and taken on record, submits that Final Report dated 16.1.2025 was forwarded to the court, therefore, this petition has rendered infructuous. 5. Dismissed accordingly. November 18, 2025 Fahim/- CRLP No. 9848 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench