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2025 DAILYLAW 202524 (ALL)

SMT. SHIVANI SHUKLA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/10014/2025 · 2025-10-28

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10014 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for petitioners, Ms. Anamika Singh, Advocate holding brief of Sri Vivek Kumar Mishra, learned counsel for respondent no.4 and learned counsel for respondent no.1 to 3. 2. This instant petition has been filed for quashing the First Information Report bearing Case Crime No.0587 of 2025, under Section 87 of B.N.S., 2023, Police Station-Gola, District-Kheri. Further prayer is not the harass the petitioners on the basis of impugned F.I.R. and in any manner. 3. Learned counsel for petitioners states that both the petitioners are major and have solemnized their marriage on 06.10.2025 at Arya Samaj Temple, Shivpuri, Kamta, Chinhat, Lucknow. Copy of the marriage certificate is annexed as Annexure No.2 to the writ petition. It is contended that aggrieved by the marriage of petitioners, respondent no.4 father of petitioner no.1 lodged the impugned F.I.R. under Section 87 B.N.S., 2023. Section 87 of B.N.S. 2023 pertains to kidnapping, forced marriage or sexual exploitation which carry sentence of ten years. 4. Learned counsel for petitioners states that once the petitioners have already got married and are living together with their own free will, consequently there can not be any occasion for respondent no.4 who is aggrieved with the marriage of petitioners to interfere in their married life. The offence under the aforesaid section 87 of B.N.S. of 2023 is clearly not made out once the petitioners are living together out of their own free Versus Counsel for Petitioner(s) : Aman Kumar Shrivastav Counsel for Respondent(s) : G.A., Vivek Kumar Mishra Smt. Shivani Shukla And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) will. 5. This Court vide order dated 17.10.2025 required the petitioners as well as respondent no.4 to appear in person before this Court today i.e. 28.10.2025. Today petitioners as well as respondent no.4 are present in person and have been identified by their respective counsels. 6. Learned counsel for petitioners states that petitioners and respondent no.4 had sat together and respondent no.4 has no grievance pertaining to the marriage and relationship of petitioners. Respondent no.4 has been asked about the marriage. He says that he is happy with the marriage and relationship of petitioners. Petitioner no.1 Ms. Shivani Shukla who is identified by Mr. Aman Kumar Shrivastav, Advocate, states that she has got married with petitioner no.2 willingly and is also residing with him and she has not been enticed away and she has not been kidnapped by petitioner no.2. Further, the F.I.R. has been lodged by respondent no.4 as he was aggrieved by the relationship of petitioners. 7. Considering the statements given by petitioner no.1 Ms. Shivani Shukla as well as by respondent no.4 Sri Sanjit Kumar, father of petitioner no.1, it is apparent that no offence under the provisions of Section 87 of B.N.S., 2023 is made out, inasmuch as petitioner no.1 has neither been kidnapped nor she has been compelled to marry petitioner no.2 against her will, rather it is apparent that petitioner no.1 is willingly residing with petitioner no.2 having got married. 8. Looking into the aforesaid discussion and statements of petitioners as well as respondent no.4, the instant writ petition is allowed. The impugned First Information Report bearing Case Crime No.0587 of 2025, under Section 87 of B.N.S., 2023, Police Station-Gola, District-Kheri is quashed. 9. Consequences to follow. October 28, 2025 Arti/- CRLP No. 10014 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench