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2025 DAILYLAW 91517 (ALL)

SMT. PALLAVI SINGH AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/19617/2025 · 2025-10-08

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. - 19617 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant petition has been filed by the petitioners seeking relief to quash the impugned First Information Report dated 27.08.2025 giving rise to Case Crime No. 0318 of 2025, under Sections 87, 352, 351(3) of BNS, Police Station - Raunapar, District - Azamgarh. 2. Learned counsel appearing on behalf of the petitioners submitted that petitioner nos. 1 and 2 are major. The petitioner no. 1 is a 24 years old whereas the petitioner no. 2, is a 33 years old. As per Certificate-cum-Marks Sheet of the High School Examination-2015, the date of birth of petitioner no. 1 is 23.11.2000, whereas as per Certificate-cum-Marks Sheet of High School Examination-2008, the date of birth of petitioner no. 2 is 15.07.1991. Both the petitioners have married each other according to their free will on 27.08.2025 at Arya Samaj Sansthan, Fatehpur and also applied for online registration of their marriage. A copy of the Marriage Certificate is appended as Annexure No. 3 to the writ petition. It is submitted by the learned counsel for the petitioners that since both the petitioners are major and have married each other out of their free will and wish, the allegations leveled by the informant against petitioner no. 2 in the impugned FIR, have no force and, therefore, no offence is made out against the petitioner no. 2. It is also submitted that petitioner nos. 1 and 2 have filed a joint affidavit in support of the averments made in the petition. Learned counsel for the petitioners, therefore, submits that the impugned FIR, which has been lodged by the informant with the malicious intention to falsely implicate the petitioner nos. 2 & 3, deserves to be quashed. Versus Counsel for Petitioner(s) : Sunil Kumar Tiwari Counsel for Respondent(s) : G.A., Vijay Singh Smt. Pallavi Singh And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 3. Per contra, Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State vehemently opposed the petition and the averments made by the learned counsel for the petitioners during the arguments but could not dispute the aforesaid facts. 4. Heard Mr. Sunil Kumar Tiwari, learned counsel appearing on behalf of the petitioners, Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State, Sri Vijay Singh, learned counsel appearing on behalf of respondent no.3-informant and perused the contents of the FIR as well as the documents available on record. 5. Taking into consideration, the averments made by the learned counsel for the petitioners, in particular, the fact that both the petitioners are major and have married each other according to their free will on 27.08.2025 at Arya Samaj Sansthan, Fatehpur and also applied for online registration of their marriage, the fact that they have filed a joint affidavit in support of the averments made in the petition, the fact that the marriage certificate has not been disputed by the State, in support of which a joint affidavit has also been filed by the petitioners, we are of the view that the petitioners have succeeded in making out a case for quashing the impugned FIR. 6. Therefore, in view of the above, this petition succeeds and is allowed. 7. The impugned First Information Report dated 27.08.2025 giving rise to Case Crime No. 0318 of 2025, under Sections 87, 352, 351(3) of BNS, Police Station - Raunapar, District - Azamgarh is hereby quashed. October 9, 2025 Atul CRLP No. 19617 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad