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2025 DAILYLAW 197173 (ALL)

SHARAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 2 OTHERS

CRLP/9444/2025 · 2025-10-07

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9444 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Shri Saurabh Kumar, learned counsel for the petitioner, Shri Santosh Kumar Srivastava, Advocate, who has put in appearance by way of filing his Vakalatnama on behalf of opposite party no. 3, as well as Ms. Meera Tripathi, learned A.G.A. for the State. 2. By means of this petition, the petitioner has sought the following main reliefs: "a. issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information report lodged by the opposite party no.3 on 11.9.2025 vide F.I.R. No.202 of 2025, under sections-69, 352, 351 (3) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, at Police Station-Sammanpur, District-Ambedkar Nagar, as contained in Annexure no.1 to this writ petition, so far as it relates to the petitioner. b. issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 and 2 not to arrest or adopt any coercive measures against the petitioner on the basis of impugned first information report, lodged by the opposite party no.3 on 11.9.2025 vide F.I.R. No.202 of 2025, under sections-69, 352, 351 (3) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, at Police Station-Sammanpur, District-Ambedkar Nagar, as contained in Annexure no.1 to this writ petition." 3. Learned counsel for the petitioner has stated that the petitioner has been Versus Counsel for Petitioner(s) : Saurabh Kumar Counsel for Respondent(s) : G.A. Sharad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others .....Respondent(s) falsely implicated as he has not committed any offence, as alleged. It has been further stated that the petitioner has married with the prosecutrix and colour photographs of the marriage as well as marriage agreement have been enclosed with the petition. 4. Learned counsel for the opposite party no. 3 has also stated that when the FIR was lodged the petitioner was denying to get married with the prosecutrix but now he has married with the prosecutrix and, therefore, she has no grievance against the petitioner as they are living together as husband and wife. 5. Learned counsel for the petitioner has stated that since the FIR has been lodged, the petitioner will cooperate in the investigation. 6. Be that as it may, if the petitioner has got married with the prosecutrix, who is complainant herself, and she is not aggrieved from the petitioner since they have got married, the parties should cooperate in the investigation so that the investigation can be conducted and reached to its logical conclusion. The petitioner shall appear before the investigating officer on 15th October, 2025 at 11 a.m. to cooperate in the investigation. 7. If the statement of the prosecutrix/informant has not been recorded by the police, she may appear before the investigating officer on the same day i.e. 15th October, 2025 at 11 a.m. to get her statement recorded and her statement shall be recorded by the police promptly so that she may not be held up in the police station unnecessarily and after getting her statement recorded she and the petitioner shall be permitted to leave the police station. 8. Since the informant/complainant/prosecutrix has no grievance against the petitioner, the petitioner shall not be harassed by the police as he and the prosecutrix are living together as husband and wife. 9. With the above observations/directions, this petition stands disposed of. October 7, 2025 MVS/- CRLP No. 9444 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench