HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2356 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Case called out. 2. No one is present on behalf of the parties 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. The following order was passed on 04.04.2024:- "Sri Sachin Tiwari, Advocate and Sri Subodh Kumar Yadav, Advocate have filed their joint Vakalatnama on behalf of respondent no.3 complainant today in Court and same is taken on record. Heard learned counsel for petitioners, Sri Sachin Tiwari, learned counsel for respondent no.3 and learned A.G.A. for the State-respondents. By means of this petition, the petitioners have sought quashing of F.I.R. dated 14.03.2024 bearing Case Crime No.0071 of 2024 for the offence under Section- 366 I.P.C. registered at Police Station-Manjhila, District- Hardoi. The contention of petitioners' counsel is that petitioner nos.1 and 2 have married each other of their own volition and on the date of their marriage i.e. on 11.03.2024, they were of the age of majority. In view of the above, he says that no offence under Section 366 I.P.C. is made out. He has Versus Counsel for Petitioner(s) : Sachida Nand Tiwari Counsel for Respondent(s) : G.A., Sachin Tiwari, Subodh Kumar Yadav Ravendra Kumar And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others .....Respondent(s) invited our attention to the mark-sheet of Class-X of petitioner no.2 in which her date of birth is shown as 15.07.2000. He has also invited our attention to the Certificate of Registration of Marriage which is annexed as Annexure No. 4 to the writ petition. As the marriage was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance. Prima facie a case for consideration is made out. Let counter affidavit be filed in the matter within four weeks. Rejoinder affidavit, if any, be filed within one week thereafter. List this case after four weeks showing name of Sri Sachin Tiwari, Advocate and Sri Subodh Kumar Yadav, Advocate, as counsel for respondent no.3. It is provided that until further orders, petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R. and/or they are found to have been minors on the date of their marriage. However, petitioners shall appear before the investigating officer to get their statements recorded. Investigating officer shall also take steps for recording of statement of petitioner no.2 before the magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion. " 4. Learned A.G.A., on the basis of telephonic instructions, submits that in this matter Final Report dated 11.04.2024 has been forwarded in the Court on 08.03.2025, therefore, this petition has rendered infructuous. 5. Dismissed accordingly. 6. Interim order, if any, stands vacated. October 28, 2025 Saurabh CRLP No. 2356 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench