SMT. DIKSHA SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO AND OTHERS
CRLP/9334/2024 · 2025-11-21
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197943 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197943 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9334 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 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. 3. This Court on 9.12.2024 had passed the following order :-
"1. Heard. 2. By means of this petition, the petitioners, Smt. Diksha Singh and Ankit Singh (in F.I.R. Ankit Singh Somvanshi), have sought quashing of First Information Report dated 20.11.2024 bearing F.I.R./Case Crime No.0375 of 2024, under Section 87 of B.N.S., 2023 registered at Police Station Sandila, District Hardoi,
3. The contention of the learned Counsel for the petitioners is that petitioners are major and have married with each other out of their own free will on 05.10.2022 as per Hindu rites and rituals at Arya Samaj, Yasin Pur, Hardoi, U.P. A copy of Marriage Certificate dated 05.10.2022 has been annexed as Annexure No.2 to the writ petition. As per impugned F.I.R. itself, the petitioner no.1 is aged about 21 years. Petitioners have annexed a copy of Intermediate Marksheets as Annexure Nos. 3 and 4, respectively, as proof of their age. According to the learned Counsel, petitioners 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 within a period of four weeks. 4. Prima facie, a case for consideration is made out. 5. Issue notice to opposite party no.3. Steps be taken within a week. Versus Counsel for Petitioner(s) : Ravindra Nath Pandey Counsel for Respondent(s) : G.A. Smt. Diksha Singh And Another .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko And Others .....Respondent(s)
6. Office shall submit service report by affixing computer generated tracking report. 7. Let counter affidavit be filed within four weeks. 8. List after four weeks. 9. Considering the submissions made, it is provided that till the next date of listing, the petitioner no.2-Ankit Singh (in F.I.R. Ankit Singh Somvanshi) shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him.
The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order". 4. Learned A.G.A. on the basis of instructions submits that the final report was forwarded in the matter and none is present on behalf of the petitioners to controvert the same, therefore this petition has rendered infructuous. 5. Dismissed accordingly. November 21, 2025 kanhaiya CRLP No. 9334 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench