MOHD. AMIR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/18186/2025 · 2025-08-20
Pramod Kumar Srivastava, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86952 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86952 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:143455-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18186 of 2025 Petitioner :- Mohd. Amir And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J.
1. Heard Sri Ajay Kumar Mishra, learned counsel for the petitioners and Shri G.P. Singh, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 10.07.2025, registered as Case Crime No. 371/2025, under Section 87 BNS, Police Station Amroha Nagar District Amroha. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. The impugned first information report has been filed with the allegation that the informant-Anish had married Rukhsana (petitioner no.2) about 8 years back and prior to that Rukhsana was married to petitioner no.1-Amir, from whom she had taken divorce and further she continued to have relationship with Amir who regularly used to visit his place and for this reason on several occasions dispute arose between the husband Anish and wife Rukhsana. It is alleged that on 09.07.2025 when the informant returned home, he found that Rukhsana left home with her two children. He came to know that the accused-Amir had taken her away. 4. By drawing attention to Paragraphs 5 and 6 of the writ petition submission of the learned counsel for the petitioners is that the petitioner no.1-Amir got married to petitioner no.2-Rukhsana on 18.09.2016, however, due to some misunderstanding she had gone to her parental house and her parents had forcibly got her married to the informant-respondent no.4. It is further submitted that the petitioner no.2 married petitioner no.1 in the year 2016 and they did not take divorce and the petitioner no.2 is his legally wedded wife and the petitioner no.1 had not kidnapped the petitioner no.2
in fact the petitioner no.2-Rukhsana is living with petitioner no.1- Amir on her own sweet will as husband and wife. It is further submitted that the alleged victim has herself come forward to challenge the impugned FIR by filing joint affidavit. 5. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 6.
On perusal of records we find that there is nothing on record to dispute the fact that petitioner no.2-Rukhsana got married with the informant-Anish about 8 years back as asserted in the impugned FIR. We further find that there is nothing on record to indicate that the petitioner no.2-Rukhsana after getting divorce from the informant had remarried the petitioner no.1-Amir. Prima facie, it appears that this was the second marriage of Rukhsana and the petitioners herein wants to obtain seal from this Court for maintaining illicit relationship/ adultery, which we are not inclined to grant. 7. In the facts and circumstances of the case, no case for grant of relief is made out, therefore, prayer for quashing the impugned FIR is refused. 8. The writ petition is accordingly dismissed. Order Date :- 21.8.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad