Vibha Kumari and Another Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Vibha Kumari and Another Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: supplementary affidavit (proof of marriage) taken on record; notice to opposite party no.4; service by computer-generated tracking report; petitioners not to be arrested in connection with F.I.R./Case Crime No.57 of 2025 until next listing or filing of police report under Section 173(2) Cr.P.C., whichever earlier; petitioner no.1 to cooperate with investigation and have statement recorded under Section 164 Cr.P.C./183 B.N.S.S. 2023; four weeks to A.G.A. for counter affidavit; matter to be listed immediately thereafter.

Issue for consideration

Whether a writ of certiorari should issue quashing the impugned FIR dated 3.3.2025 (F.I.R./Case Crime No.57 of 2025, Section 87 B.N.S., P.S. Jais, District-Amethi). +1 more

Court's answer

After hearing counsel and going through the record, the Court observed prima facie (spelled 'prima faice' in the original) that the petitioners' submissions appeared correct; the quashing question itself was not decided - notice was ordered to opposite party no.4 and the A.G.A. was given four weeks to file a counter affidavit.

Ratio / Principle

As an interim measure, till the next date of listing or till the filling (printed as such) of the police report under Section 173(2) Cr.P.C., whichever is earlier, the petitioners shall not be arrested in connection with F.I.R./Case Crime No.57 of 2025.

Key takeaways

The interim arrest protection is conditioned: petitioner no.1 shall cooperate in the investigation and shall get her statement recorded under Section 164 Cr.P.C. / Section 183 B.N.S.S., 2023.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Vivek Chaudhary and Brij Raj Singh, JJ.), interim order dated 26.3.2025 in Criminal Misc. Writ Petition No.2328 of 2025 (Vibha Kumari and another v. State of U.P. and 3 others). Petitioner nos.1 and 2, stated to be majors married to each other by their own free will on 22.3.2025 at Sri Durga Mandir Samiti, Amethi, sought a writ of certiorari to quash F.I.R./Case Crime No.57 of 2025 under Section 87 B.N.S. at P.S. Jais, District-Amethi, contending it was lodged only to harass them. The Court took on record a supplementary affidavit with the Mandir Samiti marriage certificate and High School certificates as proof of age, noted an undertaking to register the marriage under the U.P. Marriages Registration Rules, 2017, found the submissions prima facie correct, and as an interim measure directed that the petitioners shall not be arrested till the next listing or the filling/filing of the police report under Section 173(2) Cr.P.C., whichever is earlier, subject to petitioner no.1 cooperating in the investigation and getting her statement recorded under Section 164 Cr.P.C./183 of B.N.S.S., 2023. Notice was issued to opposite party no.4; four weeks were granted to the A.G.A. for a counter affidavit.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 2328 of 2025

Petitioner :- Vibha Kumari And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Arpit Singh,Nasrul Hasan Counsel for Respondent :- G.A.

Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.

Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record.Supplementary affidavit filed today is taken on record bringing on record the proof of marriage..

Issue notice to the opposite party no.4.

Office shall submit service report by affixing computer generated tracking report.

This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 3.3.2025, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.57 of 2025, under Section 87 B.N.S., at Police Station-Jais, District-Amethi.

It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 22.3.2025 as per Hindu Rites and Rituals in Sri Durga Mandir Samiti, Amethi. The copy of the marriage certificate issued by the Mandir Samiti has been annexed as Annexure No.SA-1 to the supplementary affidavit. Petitioner no.1 has annexed a copy of her High School Certificate-cum-Marks Sheet as Annexure-2 and petitioner no.2 has also annexed a copy of his High School Certificate/markesheet as Annexure-3 to the writ petition as proof of age. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 before the next date and produce the marriage registration certificate on the next date.

It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged against the petitioners only in order to harass them, as such, the arrest of the petitioners may

be stayed.

After hearing learned counsel for the parties and going through the record, prima faice, the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, till the next date of listing or till the filling of the police report under Section 173 (2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number. However, petitioner no.1 shall cooperate in the investigation and shall get her statement recorded under Section 164 Cr.P.C./183 of B.N.S.S., 2023.

Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit.

List immediately thereafter.

. [Brij Raj Singh, J.] [Vivek Chaudhary,J.]

Order Date :- 26.3.2025 Anuj Singh

Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench