Smt. Samareen Malik and Another vs State of U.P. Thru. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Samareen Malik and Another vs State of U.P. Thru. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only; writ petition kept pending. Arrest of petitioner No.2 stayed till next listing (18.03.2025) or submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, subject to full cooperation with the investigation; petitioner no.1 to be produced before the Investigating Officer (S.161 Cr.P.C./S.180 BNSS statement) and the Magistrate (S.164 Cr.P.C./S.183 BNSS statement); no fresh notices to respondents 1-3 (A.G.A. present); notice to respondent no.4 returnable at an early date; counter affidavit within four weeks; rejoinder within two weeks thereafter; case listed on 18.03.2025. The quashing question was not decided at this stage.

Issue for consideration

Whether the impugned First Information Report dated 27.01.2025, Case Crime No. 34/2025 under sections 87, 351(2) B.N.S. (Police Station Dariyabad, District Barabanki), so far as it relates to the petitioners, ought to be quashed by writ of Certiorari. +2 more

Ratio / Principle

Considering the facts and circumstances (both petitioners being majors who married of their own volition and the FIR allegedly lodged due to non-acceptance of the marriage by petitioner no.1's family), the Court recorded that prima facie a case for interim relief is made out.

Key takeaways

Till the next date of listing (18.03.2025) or till submission of a police report under Section 173 (2) Cr.P.C. before the competent Court, whichever is earlier, the arrest of petitioner No.2 in pursuance of the impugned FIR shall remain stayed, subject to the petitioners fully cooperating with the investigation and appearing as and when called upon.ratio¶21
As an interim measure, petitioner no.2 was directed to produce petitioner no.1 before the Investigating Officer for recording her statement under Section 161 Cr.P.C. (Section 180 of BNSS) and before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. (Section 183 of BNSS), as expeditiously as possible.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) — interim order in Criminal Misc. Writ Petition No. 890 of 2025 (decided 31.01.2025, Coram: Sangeeta Chandra, J. and Shree Prakash Singh, J.). A couple claiming to have married of their own volition sought quashing of FIR dated 27.01.2025 (Case Crime No. 34/2025, Sections 87 and 351(2) BNS, Police Station Dariyabad, District Barabanki) lodged allegedly because petitioner no.1's family did not accept the marriage, along with protection from arrest. Counsel relied on petitioner no.1's High School marksheet (date of birth 13.03.2005) and the marriage certificate to show she is a major. Finding prima facie a case for interim relief, the Court stayed arrest of petitioner NO. 2 ONLY until the next listing (18.03.2025) or submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, conditioned on full cooperation with the investigation, and directed petitioner no.2 to produce petitioner no.1 before the Investigating Officer (Section 161 Cr.P.C./Section 180 BNSS) and before the Magistrate (Section 164 Cr.P.C./Section 183 BNSS) for recording her statements. Counter affidavit within four weeks, rejoinder within two weeks thereafter. The prayer for quashing of the FIR remained undecided at this interim stage; no precedent was cited or applied.

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 890 of 2025

Petitioner :- Smt. Samareen Malik And Another Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others

Counsel for Petitioner :- Dinesh Kumar,Dolly,Rajeev Yadav Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State/respondent and perused the impugned F.I.R. as well as material brought on record.

The instant writ petition has been filed by the petitioners with the following main relief:

"(i) Issue a Writ, order or direction in the nature of Certiorari to quashing the impugned First Information Report dated 27.01.2025, Case Crime. No. 34/2025 under sections 87, 351(2) B.N.S., at Police Station Dariyabad, District Barabanki, as contained in Annexure No. 1 to this petition so far as it relates to petitioners.

(ii) Issue a writ, order or direction in the nature of Mandamus, directing the opposite parties not to arrest the petitioners in Case Crime. No. 34/2025 under sections 87, 351(2) B.N.S.S, at Police Station Dariyabad, District Barabanki, as contained in Annexure No. 1 to this petition."

(iii) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite party no.2 and 3 to assured the security of life and liberty of the petitioners"

It has been argued by learned counsel for the petitioners that both the petitioners are major, who, on their own volition and free will have got married with each other. However, since this marriage is not being accepted by the family members of the petitioner no.1, hence, the impugned First Information Report has been lodged.

In support of his submission that petitioner No.1 is major, learned counsel for the petitioners has drawn our attention to annexure-2, which is the High School marksheet of the petitioner no.1 and according to which her date of birth is13.03.2005. The certificate of marriage has also been annexed as annexure-3 to the writ petition.

Considering the aforesaid facts and circumstances of the

case, prima facie, a case for interim relief is made out.

Since learned A.G.A. has put in appearance on behalf of respondents no. 1 to 3, hence no fresh notices need to be issued to them.

Issue notice to respondent no. 4 returnable at an early date.

Steps be taken within a week.

Let a counter affidavit be filed within four weeks.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this case on 18.03.2025.

Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioner No.2 in pursuance of the impugned F.I.R. shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

In the meantime, the petitioner no.2 shall produce the petitioner no.1 before the Investigating Officer, who shall record her statement under Section 161 Cr.P.C. (Section 180 of BNSS) and also produce the petitioner no.1 before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. (Section 183 of BNSS) as expeditiously as possible.

Order Date :- 31.1.2025 Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench