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2025 DAILYLAW 88260 (ALL)

SMT KOMAL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/18491/2025 · 2025-10-07

Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18491 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. In pursuance of the order dated 29.08.2025, the learned A.G.A. appearing on behalf of the State has placed the compliance affidavit before this court. It is taken on record. 2. The instant writ petition has been filed by the petitioner for quashing the First Information Report dated 26.06.2025, giving rise to Case Crime No. 446 of 2025, under sections 137(2), 87 BNS, P.S. Kotwali, District Mainpuri. 3. Learned counsel for the petitioner submitted that petitioner No. 1 and 2 both are adults and they got married of their own sweet will on 12.08.2025. Learned counsel for the petitioners has further submitted that the date of birth of petitioner No. 1 has wrongly mentioned in the First Information Report, the petitioner no. 1 is an adult. Learned counsel for the petitioners also submits that since both the petitioners have got married and the petitioner no. 1 is also pregnant from her wedlock, therefore, the instant First Information Report lodged against the petitioner is nothing but gross misuse of process of law and only for harassment of the petitioners. It is further submitted that the Co-ordinate bench has directed to the Investigating Officer to conduct the ossification test of the petitioner No. 1. The Ossification test has already been done and report has been submitted along with compliance affidavit. Learned counsel for the petitioners has submitted that as per the compliance affidavit the petitioner No.1 is major, aged about 19 years. 4. Learned A.G.A. for the State vehemently opposed the present writ petition but he has no objection regarding the age of petitioner no. 1. Versus Counsel for Petitioner(s) : Anurag Dubey Counsel for Respondent(s) : Arun Kumar Sharma, G.A. Smt Komal And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Learned counsel for the informant has submitted that in the Transfer Certificate issued by Kunwar Ramchandra Singh Lalsingh Kanya Inter College, Mainpuri, the date of birth of petitioner no. 1 is mentioned as 12.05.2008, therefore, at the time of solemnizing the marriage, the petitioner No. 1 was minor. The Transfer Certificate issued by the college is taken on record. 6. Heard learned counsel for the petitioners, learned A.G.A. for the State as well as learned counsel appearing on behalf of the informant and perused the compliance affidavit dated 29.08.2025 which is appended as Annexure no. 2 to the compliance report, the ossification test report of petitioner no. 1 which has already been taken in which the petitioner no. 1 was found as of 19 years i.e. major and her statement under section 183 BNSS has also been recorded which is appended as Annexure no. 1, page-6 of the compliance report, where in, it is clearly stated that petitioner no. 1 is living happily as his wife with petitioner no. 2. 7. In view of aforesaid facts, the writ petition is allowed. The impugned First Information Report dated 26.06.2025, giving rise to Case Crime No. 446 of 2025, under sections 137(2), 87 BNS, P.S. Kotwali, District Mainpuri is hereby, quashed. October 8, 2025 RPD CRLP No. 18491 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad