Prachi and Others vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

Prachi and Others vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from arrest till the next date of listing: notice issued to opposite party no.4; counter affidavit to be filed within four weeks; case listed on 14.08.2025; petitioners not to be arrested in Case Crime No.0510 of 2025 unless there is sufficient and credible evidence indicating commission of the offence alleged in the F.I.R. and/or they are found minors on the date of their marriage; petitioners to appear before the investigating officer when called; Investigating Officer to arrange recording of petitioner no.1's statement under Section 164 Cr.P.C.; investigation to proceed to its logical conclusion.

Issue for consideration

Whether the F.I.R. dated 22.06.2025 (Case Crime No.0510 of 2025, P.S. Kotwali Sadar, District Kheri) registered under Section 87 of B.N.S., 2023 against the petitioners should be quashed, where petitioner nos.1 and 2 claim to be majors who married each other by their own free will on 20.06.2025. +1 more

Court's answer

Till the next date of listing (14.08.2025), the petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R. and/or they are found to have been minors on the date of their marriage.

Ratio / Principle

The petitioners shall appear before the investigating officer as and when called to get their statements recorded; the Investigating Officer shall take steps for recording of statement of petitioner no.1 before the Magistrate under Section 164 Cr.P.C., and thereafter the investigation shall be taken to its logical conclusion.

Detailed headnote1 paragraphs

Writ petition (Criminal Misc. Writ Petition No. - 5906 of 2025), High Court of Judicature at Allahabad, Lucknow Bench, bench of Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Brij Raj Singh, J.; order dated 3.7.2025. Petitioners (Prachi and others) sought quashing of F.I.R. dated 22.06.2025, Case Crime No.0510 of 2025, P.S. Kotwali Sadar, District Kheri, registered for offence under Section 87 of B.N.S., 2023. Counsel stated petitioner nos.1 and 2 are major and married each other by free will on 20.06.2025 per Hindu rites at Arya Samaj Chandipurwa, Hardoi; the birth certificate of petitioner no.1 records her date of birth as 31.05.2007; counsel argued no offence under Section 87 of B.N.S., 2023 is made out and undertook to register the marriage under the U.P. Marriages Registration Rules, 2017 within four weeks. The Court issued notice to opposite party no.4, directed a counter affidavit within four weeks, listed the matter on 14.08.2025, and granted interim protection: till the next date of listing the petitioners shall not be arrested unless there is sufficient and credible evidence indicating commission of the offence alleged in the F.I.R. and/or they are found minors on the date of their marriage; the petitioners are to appear before the investigating officer when called, the Investigating Officer is to take steps for recording petitioner no.1's statement under Section 164 Cr.P.C., and the investigation is to proceed to its logical conclusion.

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 5906 of 2025

Petitioner :- Prachi And Others

Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others

Counsel for Petitioner :- Uttam Kumar Verma Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

Heard learned counsel for petitioners as well as learned A.G.A. for the State and perused the record.

By means of this petition, the petitioners have sought quashing of F.I.R. dated 22.06.2025 bearing Case Crime No.0510 of 2025 for the offence under Section 87 of B.N.S., 2023 registered at Police Station Kotwali Sadar, District Kheri.

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 20.06.2025 as per Hindu Rites and Rituals in Arya Samaj Chandipurwa, Hardoi. The copy of marriage certificate issued by the Temple has been annexed as Annexure No.3 to the writ petition. As per birth certificate of the petitioner no.1 her date of birth is 31.05.2007. In view of the above, he says that no offence under Section 87 of B.N.S.,2023 is made out.

Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017, within a period of four weeks.

Considering the aforesaid, let notice be issued to opposite party no.4.

Let counter affidavit be filed in the matter within four weeks.

List this case on 14.08.2025.

In view of the above, till the next date of listing, it is provided that petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R. and/or they are found to have been minors on the date of their marriage. However, petitioners shall appear before the investigating officer as and when they are called to get their statements recorded. Investigating officer shall also take steps for recording of statement of petitioner no.1 before the Magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion.

(Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 3.7.2025 Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench