Neutral Citation No. - 2025:AHC:56160-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7235 of 2025 Petitioner :- Lalit And 7 Others Respondent :- State Of U.P. Through Senior Superintendent Of Police And 2 Others Counsel for Petitioner :- Nagendra Pratap Singh Counsel for Respondent :- G.A.,Sudarshan Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the respondents, Shri Sudarshan Singh, learned counsel for the informant and perused the record. 2. The present writ petition has been preferred with prayer to quash the impugned First Information Report dated 25.03.2025 registered as Case Crime No.171 of 2025, under Section 69, 115(2), 352 BNS 2023 and Section 3/4 D.P. Act, P.S. Cantt., District-Bareilly and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Learned counsel for the petitioners states that the victim (informant), who is major girl, had solemnised marriage with first petitioner and they are living happily as husband and wife. It is submitted that no offence under Section 69, 115(2), 352 BNS 2023 and Section 3/4 D.P. Act is made out against the petitioners. The entire criminal case lodged against the petitioners is nothing but an abuse of the process of the law. 4. Learned A.G.A., on the instructions, states that till date the police report has not been submitted in the present matter. 5. Learned counsel for the informant also supported the arguments advanced by learned counsel for the petitioners and submits that the informant has solemnised marriage with first petitioner and she is living happily with him. He states that he has no objection in case the proceeding pursuant to impugned FIR is quashed. 6. We have proceeded to examine the record in question and find that the age of the informant is not in dispute and she herself states that she has married with the first petitioner out of her own free will, then the petitioners cannot be made accused for committing offence under Section 69, 115(2), 352 BNS 2023 and Section 3/4 D.P. Act. 7. In view of the above discussion, we are of the considered view that from the first information report no offence under Section 69, 115(2), 352 BNS 2023 and Section 3/4 D.P. Act is made out, inasmuch as the parties have come up with the categorical stand that marriage is solemnised between the first petitioner and informant and they are living happily with each other. 8. In view of the above, the writ petition succeeds and is allowed. Consequently, the First Information Report dated 25.03.2025 registered as Case Crime No.171 of 2025, under Section 69, 115(2), 352 BNS 2023 and Section 3/4 D.P. Act, P.S. Cantt., District-Bareilly as well as all consequential proceedings are hereby quashed. 9. We further clarify that the observations made qua the marriage is only for disposal of instant matter and would have no bearing qua their respective rights and the same is to be pressed before the competent court/ authority. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 16.4.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad