Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8000 of 2024 Petitioner :- Sariya And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Imtyaz Ahmad Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners, learned AGA for the State-respondents and perused the record. 2. The instant writ petition has been preferred with following prayer:- "1. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report, dated 04.05.2024, registered as Case Crime No.149 if 2024, under sections 363, 504, 506, IPC, Police Station Sungarhi, District Pilibhit. 2. Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful matrimonial life and liberty of petitioners in pursuance of the First Information Report, dated 04.05.2024, registered as Case Crime No.149 if 2024, under sections 363, 504, 506, IPC, Police Station Sungarhi, District Pilibhit. 3. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioners in pursuance of the First Information Report, dated 04.05.2024, registered as Case Crime No.149 if 2024, under sections 363, 504, 506, IPC, Police Station Sungarhi, District Pilibhit and no coercive steps be taken against them by the concerned police." 3. While entertaining the writ petition on 16.05.2024 the Division Bench has accorded interim relief in favour of the petitioners. For ready reference the order dated 16.05.2024 is reproduced as under:- "Contention is that petitioners are major and have solemnized marriage out of their own volition and, therefore, lodgement of First Information Report dated 4.5.2024 in Case Crime No. 149 of 2024, under Sections 363, 504, 506 I.P.C., Police Station - Sungarhi, District Pilibhit, is an abuse of the process of law. Prayer is made to quash the impugned FIR. Matter requires consideration. Learned AGA accepts notice on behalf of respondent nos. 1 & 2. Issue notice to respondent no. 3. Steps be taken within a week. All the respondents are allowed six weeks' time to file counter affidavit. Rejoinder, if any, may be filed within two weeks, thereafter. List thereafter. Till the next date of listing or till submission of police report under Section 173(2) Cr.PC., whichever is earlier, no coercive action shall be taken against the petitioners pursuant to impugned First Information Report, dated dated 4.5.2024 in Case Crime No. 149 of 2024, under Sections 363, 504, 506 I.P.C., Police Station - Sungarhi, District, provided they cooperate with the investigation. The first petitioner shall appear before the Investigating Officer within two weeks from today and who shall get her statement recorded under section 164 Cr.P.C. and thereafter to proceed with the investigation in accordance with law and submit report in terms of section 173(2) Cr.P.C. It shall be open for the investigating officer to determine the age of the victim at the stage of investigation." 4. Learned counsel for the petitioners further submits that later on the charge sheet has been submitted in the matter, which is already challenged in Application U/s 528 BNSS No.8997 of 2025 (Arbaz Alias Arwaz Ali). He submits that learned Single Judge had directed the said application to be connected with the instant writ petition. He fairly states that in the instant writ petition no cause of action survives, as such he is not inclined to press the instant writ petition. However, the connected Application U/s 528 BNSS No.8997 of 2025 (Arbaz Alias Arwaz Ali) may be detached from the instant writ petition and may be placed before the appropriate Court. 5. Accordingly, the instant writ petition is dismissed as not pressed. 6. The Application U/s 528 BNSS No.8997 of 2025 (Arbaz Alias Arwaz Ali) be detached from the instant writ petition and placed before the appropriate Court for disposal. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 30.5.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad