Smt. Supriya Verma and Another Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Supriya Verma and Another Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from arrest granted to both petitioners in connection with F.I.R./Case Crime No.0283 of 2025 until the next date of listing or filing of the police report under Section 173(2) Cr.P.C., whichever is earlier; notice ordered to opposite party no.4; petitioner no.1 directed to cooperate in investigation and record her statement under Section 164 Cr.P.C./183 B.N.S.S., 2023; A.G.A. granted four weeks to file counter affidavit; final decision on quashing the F.I.R. deferred.

Issue for consideration

Whether the impugned F.I.R./Case Crime No.0283 of 2025 (Section 87 B.N.S., 2023, Police Station Kotwali, District Hardoi) lodged against the petitioners should be quashed by writ of certiorari. +1 more

Ratio / Principle

As an interim measure, till the next date of listing or till the filing of the police report under Section 173(2) Cr.P.C., whichever is earlier, the petitioners shall not be arrested in connection with the said F.I.R./Case Crime Number.

Key takeaways

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.ratio¶¶13
After hearing learned counsel and going through the record, prima facie the submission made by learned counsel for the petitioners appears to be correct, which led the court to grant the interim protection from arrest.ratio¶¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Vivek Chaudhary and Brij Raj Singh, JJ.), Criminal Misc. Writ Petition No. 4243 of 2025, order dated 20.5.2025: In a petition seeking quashing by certiorari of F.I.R./Case Crime No.0283 of 2025 registered under Section 87 of B.N.S., 2023 at Police Station Kotwali, District Hardoi against a couple who claim to have married by their own free will on 26.4.2025 (girl stated to be 19 years old even per the F.I.R.), the court found the counsel's submissions prima facie correct and, as an interim measure, directed that the petitioners shall not be arrested in connection with the F.I.R. until the next date of listing or the filing of the police report under Section 173(2) Cr.P.C., whichever is earlier. Petitioner no.1 was directed to cooperate in the investigation and have her statement recorded under Section 164 Cr.P.C./183 of B.N.S.S., 2023. Notice was ordered to opposite party no.4 and the A.G.A. was given four weeks to file the counter affidavit. Final decision on the F.I.R. was left open.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 4243 of 2025

Petitioner :- Smt. Supriya Verma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others

Counsel for Petitioner :- Deepak Kumar,Geeta Rani 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.

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 26.4.2025, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0283 of 2025, under Section 87 of B.N.S., 2023, at Police Station-Kotwali, District-Hardoi.

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 26.4.2025 as per Hindu Rites and Rituals in Arya Samaj, Gokhale Market, Delhi. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.2 to the writ petition. Petitioners have annexed a copy of their High School Certificates-cumMarks Sheets and Aadhar Cards as Annexures-5 and 6 respectively to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 19 years. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners submits that petitioners have also got their marriage registered and filed a copy of marriage registration certificate as Annexure-4 to the writ petition.

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 :- 20.5.2025 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench