Neetu Yadav & Anr. v. State Of U.P. Thru. Addl. Chief Secy. Home, Civil

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Heard learned counsel for the petitioners, learned A.G.A. for the State/respondent 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 relief: "i) Issue a writ order or direction in the nature of certiorari thereby quashing the impugned first information report lodged on 05.02.2024 by the opposite party no.4 in Case Crime/F.I.R. No.31 of 2024, under Section 366 I.P.C. at Police Station Pali, District Hardoi, in the interest of justice. ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.3 not to arrest the petitioners in pursuance of impugned first information report lodged on 05.02.2024 by the opposite party no.4 in Case Crime/F.I.R. No.31 of 2024, under Section 366 I.P.C. at Police Station Pali, District Hardoi. "

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 registered their marriage under the Uttar Pradesh Marriage Registration Rules, 2017. 2 CRLP No. 1058 of 2024

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 28.03.2024.

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. Learned A.G.A., on the basis of instructions dated 17.10.2025 received from Sri Atul Sharma, Sub Inspector, Police Station Pali, District Hardoi, submits that final report bearing no.10/2024 dated 09.03.2024 has been forwarded to the court, therefore, this petition has lost its efficacy and has rendered infructuous. The said instructions are taken on record.

5. Dismissed accordingly. October 31, 2025 Shahnaz (Zafeer Ahmad,J.) (Rajnish Kumar,J.)