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2025 DAILYLAW 196394 (ALL)

SMT. POOJA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/8994/2024 · 2025-11-21

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8994 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. This Court on 26.11.2024 had passed the following order :- "1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State 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 18.10.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0354 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Nawabganj, District-Gonda. 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 23.10.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Sector-H, Aliganj, Lucknow. A copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.4 to the writ petition. Petitioners have annexed a copy of their Aadhar Cards as Annexures-2 and 3 to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 22 years. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 before the next date and produce the marriage registration certificate on the next date. 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. Versus Counsel for Petitioner(s) : Vijay Prakash Srivastava Counsel for Respondent(s) : G.A. Smt. Pooja And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others .....Respondent(s) 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./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". 2. Case called out. 3. 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. 4. Learned A.G.A. on the basis of instructions submits that the final report has been forwarded in the matter on 15.4.2025, therefore, this petition has rendered infructuous. 5. Dismissed accordingly. November 21, 2025 kanhaiya CRLP No. 8994 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench