Deepmala and 2 Others Vs State of U.P. Thru.Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

Deepmala and 2 Others Vs State of U.P. Thru.Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the impugned First Information Report dated 28.11.2024 (F.I.R./Case Crime No.290 of 2024, under Section 87 of B.N.S., 2023, P.S. Malipur, District Ambedkar Nagar) should be quashed by a writ in the nature of certiorari. +1 more

Court's answer

Since Charge Sheet No. B-04 dated 25.1.2025 had been filed in the court of Judicial Magistrate, Ambedkarnagar on 24.2.2025, the petition has rendered infructuous and was dismissed accordingly.

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 FIR/Case Crime Number; petitioner no.1 shall cooperate in the investigation and get her statement recorded under Section 164 Cr.P.C./183 of B.N.S.S., 2023.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 10), Criminal Misc. Writ Petition No. 9293 of 2024 — Deepmala and 2 others v. State of U.P. and others (Rajnish Kumar, J. and Zafeer Ahmad, J.; decision dated November 11, 2025). The petitioners, claiming to be adults who married by their own free will on 2.12.2024 at Arya Samaj Mandir, Chinhat, Lucknow, had sought writ-of-certiorari quashing of F.I.R./Case Crime No. 290 of 2024 dated 28.11.2024, registered under Section 87 of B.N.S., 2023 at Police Station Malipur, District Ambedkar Nagar, and an interim stay of arrest. On 6.12.2024 the Court had stayed the petitioners' arrest until the next listing or filing of the police report under Section 173(2) Cr.P.C., whichever earlier, and required petitioner no.1 to record her statement under Section 164 Cr.P.C./183 of B.N.S.S., 2023. Upon the A.G.A.'s submission (based on SHO instructions dated 25.3.2025 taken on record) that Charge Sheet No. B-04 dated 25.1.2025 was filed before the Judicial Magistrate, Ambedkarnagar on 24.2.2025, the Court held the petition infructuous and dismissed it accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 9293 of 2024

Deepmala And 2 Others

.....Petitioner(s)

Versus

State Of U.P. Thru.Prin. Secy. Home Deptt. Sectt. Lko. And 2 Others

Counsel for Petitioner(s) o. n ers	: Santosh Kumar Srivastava .....Respondent(s)
Counsel for Respondent(s)	: G.A.

Court No. - 10

HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

1. Case called out.

None for the petitioners. There is no request of adjournment or pass over of the case.

This Court passed the following order on 6.12.2024:

"1. 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.3.

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 28.11.2024, lodged by the opposite party no.3 registered as F.I.R./Case Crime No.290 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Malipur, District-Ambedkar Nagar.

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 2.12.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Chinhat, Lucknow. A copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.4 to the writ petition. Petitioner no.1 has annexed a copy of her High School Certificatecum-Marks Sheet as Annexure-2 and petitioner no.2 has annexed a copy of his Passport as Annexure-3 to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 20 years. 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.

CRLP No. 9293 of 2024

2

(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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."

Learned AGA on the basis of instructions dated 25.3.2025 received from SHO, P.S. Malipur, District Ambedkarnagar, a copy of which has been produced before this Court and taken on record, submits that Charge Sheet No. B-04 dated 25.1.2025 was filed in the court of Judicial Magistrate, Ambedkarnagar on 24.2.2025, therefore, this petition has rendered infructuous.

Dismissed accordingly.

November 11, 2025

Fahim/-

Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench