Allahabad High Court
Smt. Poonam Maurya & Anr. vs State Of U.P. Thru. Secy. Home ... on 3 September, 2019
Bench: Anil Kumar, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- MISC. BENCH No. - 23915 of 2019 Petitioner :- Smt. Poonam Maurya & Anr. Respondent :- State Of U.P. Thru. Secy. Home Dept.,Lko. & Ors. Counsel for Petitioner :- R.K.S. Chauhan Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners, learned A.G.A. appearing for the opposite party nos.1 to 3 and Sri Piyush Kumar Singh, Advocate, who has filed vakalatnama on behalf of the opposite party No. 4. The same is taken on record.
This petition seeks issuance of a writ in the nature of certiorari quashing First Information Report lodged by the opposite party no.4 on 20.08.2019 vide F.I.R. No.0329 of 2019, under Sections-366, 506 I.P.C. at Police Station-Banthara, District-Lucknow.
Both the petitioners are present in the Court and they have been identified by their learned counsel. Both the petitioners appear to be major.
It is stated that both the petitioners have married with each other by their own free will on 25.08.2019 and got their marriage registered on 27.08.2019 under the provisions of Uttar Pradesh Marriage Registration Rules, 2017 from the competent authority (Annexure Nos. 2 and 3 to the writ petition). They are enjoying and living peaceful matrimonial life and in order to harass the petitioners, the impugned FIR has been lodged by the opposite party No.4-Smt. Malti Devi.
After hearing learned counsel for the parties and their respective clients, who are present today and going through the record, the writ petition is disposed of with a direction to the authorities concerned that the petitioners should not be arrested in pursuance of the impugned FIR till the filling of the police report under Section 173(2) Cr.P.C. However, the petitioners are directed to co-operate with the investigation.
Order Date :- 3.9.2019 Arun/-