Allahabad High Court
Smt Anshu And Another vs State Of U.P. And 2 Others on 28 May, 2025
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:90991-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11033 of 2025 Petitioner :- Smt Anshu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the petitioners and learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 31.10.2024 registered as Case Crime No. 238 of 2025 under Sections 318(4), 338, 336(3), 340(2) of B.N.S., Police Station Cantt, District Prayagraj. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Submission of learned counsel for the petitioners is that the story as alleged in the first information report is nothing but false and concocted and the petitioners are innocent persons and they have never committed any offence. It is next submitted that no time, date and place have been mentioned in the first information report and the report has been lodged by Sub Inspector. It is next submitted that no cheat or fraud has been committed by the petitioners and the petitioners are living as husband and wife.
4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
5. We find that the impugned first information report has been lodged pursuant to the direction of this Court dated 12.5.2025 in Writ C No. 30220 of 2024 (Smt Anshu And Another vs. State of U.P. and others) along with other connected petitions, wherein after investigation direction for registration of first information report was made and it was observed that forged marriage certificates were prepared by the accused persons.
6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
7. Therefore, the writ petition is dismissed.
Order Date :- 28.5.2025 Lalit Shukla