Smt. Snehlata & Anr. v. State Of U.P. Thru. Prin. Secy. Home Affairs Govt

"

Heard learned counsel for the petitioners, learned A.G.A. for the State 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 reliefs:- "i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 08.01.2024 lodged by respondent No.4 against the petitioners in case crime No. 10 of 2024 under sections 363 & 366 I.P.C. at Police Station Bangarmau, District Unnao (Annexure-1 to the writ petition). ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners & not to recover the petitioner No.1 in case crime No. 10 of 2024 under sections 363 & 366 I.P.C. at Police Station Bangarmau, District Unnao. " 2 CRLP No. 369 of 2024

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 in accordance with Hindu rites and rituals. 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. The petitioners have also applied for registration of their marriage under the Uttar Pradesh Marriage Registration Rules,

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 28.02.2024.

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 Investigating Officer shall also produce the petitioner No.1 before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. as expeditiously as possible. "

4. Sri Girjesh Kumar Dwivedi, learned A.G.A., on the basis of instructions dated 25.11.2025 received from Sri Anil Kumar Mishra, Sub Inspector, Police Station Bangarmau, District Unnao, submits that final 3 CRLP No. 369 of 2024 report bearing No.11/24 dated 31.01.2024 has been forwarded in the Court of learned A.C.J.M.-14, Court No.1, Unnao on 26.11.2024, therefore, this petition has rendered infructuous. The said instructions are taken on record.

5. Dismissed accordingly.

6. Interim order, if any, stands vacated. November 28, 2025 Saurabh (Zafeer Ahmad,J.) (Rajnish Kumar,J.)