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2025 DAILYLAW 34223 (ALL)

ARSAD AND 3 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/5924/2025 · 2025-04-04

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48876-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5924 of 2025 Petitioner :- Arsad And 3 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Gyan Prakash Tiwari,Kamlesh Tiwari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. This writ petition has been filed praying to quash the impugned First Information Report dated 12.3.2025 registered as Case Crime No. 0240 of 2025, under Section 137(2), 351(3) B.N.S., P.S.- Bahedi, District- Bareilly (Annexure no 1 to the writ petition). 3. Learned counsel for the petitioners submits that the informant/respondent no. 4 has deliberately lodged the impugned FIR falsely implicating the family members of petitioner no. 1 even though daughter of the informant had solemnised marriage/Nikah with petitioner no. 1 as per Muslim rites and rituals with her own free will. As such no offences are made out as alleged in the impugned FIR. It has also been apprised by learned AGA that the statement of victim under Section 183 B.N.S.S., has already been recorded by the concerned Magistrate wherein she had not supported the prosecution version. 4. In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and with the consent of the parties, the writ petition stands disposed of asking the I.O. concerned to proceed strictly in accordance with law but certainly taking into account statement of the victim under Section 183 B.N.S.S. 5. For a period of six weeks, respondents are restrained to take any coercive action against the petitioners pursuant to the impugned FIR. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.4.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad