Habeas corpus petition by husband alleging wife detained by her family after their Arya Samaj marriage. The detenue appeared in court and stated she was residing at her aunt's house on her own free will; no detention found.
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Court No. - 13
Case :- HABEAS CORPUS WRIT PETITION No. - 36 of 2025
Petitioner :- Smt. Soni Thru. Her Husband Ankush Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others
Counsel for Petitioner :- Pankaj Kumar,Krishan Bhushan Tripathi Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
5. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record.
6. Issue notice to the opposite party no.4.
7. Office shall submit service report by affixing computer generated tracking report.
8. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 2.1.2025, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0004 of 2025, under Section 87 of B.N.S., 2023, at Police StationRampur Kalan, District-Sitapur.
9. 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 31.12.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Sector-H, Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.1 to the writ petition. Petitioner no.1 has annexed a copy of her Birth Certificate and Aadhar Card as Annexure-2 and petitioner no.2 has annexed a copy of his Aadhar Card as Annexure-3 to the writ petition as proof of age. Even as per FIR, the age of the girl is 19 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. 10. 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. 11. 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.
12. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. 13. List immediately thereafter.
1. Counter affidavit filed by learned A.G.A. is taken on record.
2. Learned A.G.A. drew attention of the Court on the statement of the victim recorded u/s 183 B.N.S.S., in which, she admitted that her marriage was solemnised in Arya Samaj Temple.
3. List this case on 04.03.2025.
4. Station House Officer, Police Station- Rampurkala, District- Sitapur is directed to ensure the presence of detenue and private respondent before this Court on the next date of listing.
Order Date :- 4.3.2025 Gaurav/-
Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a habeas corpus writ was maintainable where the alleged detenue stated she was residing on her own free will.
5 provisions across 4 enactments
Smt. Soni thru. her husband Ankush
State of U.P. thru. Prin. Secy. Home U.P. Lko.
Rajeev Singh
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
