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2025 DAILYLAW 19424 (ALL)

SMT ALHAMRA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/3339/2025 · 2025-02-19

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24648-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3339 of 2025 Petitioner :- Smt Alhamra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Navaneet Kumar Shukla,Ravindra Kumar Chauhan,Shashank Shukla Counsel for Respondent :- Balbir Yadav,G.A.,S.P.S. Chauhan Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioners, Sri Balbir Yadav and S.P.S. Chauhan, learned counsel for the respondent no. 3 and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 08.02.2025, registered as Case Crime No. 33 of 2025, under sections 137(2), 87 B.N.S. 2023, Police Station Delhi Gate, District Aligarh, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. It is submitted by learned counsel for the petitioners that the petitioners have been implicated under sections 137(2), 87 of B.N.S. 2023. It is not a case of forceful abduction of petitioner no. 1 from legal guardianship or her parents. She willingly eloped with petitioner no. 2 and has married him. The writ petition is supported by joint affidavit of both the petitioners. Learned counsel for the petitioners submits that it is a case of false implication. Petitioners have married each other on their own sweet will. 4. Learned counsel for the respondent no. 3 has submitted that petitioner no. 2 married the elder sister of petitioner no. 1 ten days ago and thereafter he has eloped with petitioner no. 1 who is his sister-in-law. He submits that the conduct of the petitioner no. 1 does not entitles him to any relief from this Court. 5. Considering the fact that the petitioner no. 1 appears to be a consenting party, the writ petition is disposed of with the direction that that till submission of police report under Section 173(2) Cr.P.C./193(3) B.N.S.S. 2023, the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 20.2.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad