Allahabad High Court

4. In view thereof, the present application is allowed. Learned Counsel for the petitioners is permitted to make necessary amendments in the memo of writ petition during the course of the day. (Order on Memo of Writ Petition)

1. Short counter affidavit alongwith Power has been filed today in the Court by Shri Ganga Prasad Mishra, Advocate on behalf of private respondents which is taken on record. 2 CRLP No. 8971 of 2024

2. Heard learned counsel for the petitioners, learned Counsel for the private respondents and learned A.G.A. appearing for the respondent Nos.1, 2 and 3 and perused the record.

3. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 21.11.2024, lodged by Smt. Nirmla Devi wife of respondent No.4 registered as F.I.R./Case Crime No.0635 of 2024, under Section 137(2), 87 and 351(3) of B.N.S., 2023, at Police Station-Kotwali Nagar, District-Ayodhya.

4. 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 20.11.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Surendra Nagar, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.3 to the writ petition. Petitioner no.1 has annexed a copy of her Aadhar Card and medical certificate issued by Chief Medical Officer, District-Siddhartnagar as Annexure-1 to the writ petition and petitioner No.2 has also annexed a copy of his Aadhar Card as Annexure No.2 to this writ petition as proof of age. 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 within a period of four weeks. Further submission of learned Counsel for the petitioners is that earlier also an FIR dated 31.12.2023 was lodged against the petitioner No.2 bearing Case Crime No.0248 of 2023 under Section 363 and 366 I.P.C., Police Station-Etwa, District-Siddhartnagar and as per the aforesaid FIR dated 31.12.2023 lodged by maternal uncle (brother of the informant of the present FIR) of the petitioner No.1 the age of the petitioner No.1 was around 17 years as on 31.12.2023 and now she is more than eighteen years of age and in support of her age she has also annexed her Aadhar Card and certificate issued by Chief Medical Officer, Siddarthnagar.

5. Further submission of learned Counsel for the petitioners is that the transfer certificate of petitioner No.1 prepared by the private respondents is false, which is annexed as Annexure No.SCA-2 to the short counter affidavit filed on behalf of the private respondents.

6. On the other hand, learned Counsel for the private respondents submits that the age of the petitioner No.1 is 15 years as per the transfer certificate, however, the same is in conflict with the FIR dated 31.12.2023 lodged by maternal uncle (brother of the informant of the present FIR) of the petitioner No.1 and the said transfer certificate is yet to be verified by the police authorities from the original register of the concerned school and from other documents with regard to age of the petitioner No.1.

7. It is also 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.

8. After hearing learned counsel for the parties and going through the record, prima facie, 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 193 of B.N.S.S., 2023, 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 3 CRLP No. 8971 of 2024 statement recorded under Section 183 of B.N.S.S., 2023.

7. No need to issue notice to the private respondents as Shri Ganga Prasad Mishra, Advocate has filed his power on behalf of the private respondents.

8. Office is directed to print/show the name of Shri Ganga Prasad Mishra, Advocate as learned Counsel for the private respondents when the case is next listed.

9. Learned A.G.A. and learned Counsel for the private respondents pray for and are granted four weeks' time to file a detailed counter affidavit.One week's time thereafter shall be available to learned Counsel for the petitioners for filing rejoinder affidavit.

10. List immediately thereafter. "

3. Sri G.D. Bhatt, learned A.G.A. has informed that after completion of the investigation, charge sheet has been filed against the petitioners under Sections 137(2), 87, 351(3) BNS. The said charge sheet has been filed before the learned trial Court.

4. Learned counsel for the petitioners has stated that the petitioner no. 2 has got married with the petitioner no. 1 in one Arya Samaj Temple and the aforesaid fact has been considered in the interim order dated 28.11.2024, since then, they are living together. Presently, the petitioner no. 1 is pregnant having pregnancy of four months as Ultrasound report issued from Ayodhya Diagnostic Centre dated 09.07.2025 has been shown to the Court, the same is taken on record. Learned counsel for the petitioners has further stated that if the petitioner no. 2 has got married with the petitioner no. 1 and on the basis of the aforesaid fact, the charge sheet has not been filed against him under Sections 65(1) BNS and Section 3/4(2) POCSO Act, so the offence under Section 87 BNS would not attract against the petitioners but that fact may be pleaded before the learned trial Court. Learned counsel for the petitioners has also stated that even otherwise, the other sections under which, the charge sheet has been filed, do not make out against the petitioner no. 2.

5. Having considered the submissions made by the learned counsel for the parties, since the charge sheet has not been assailed in this writ petition and the petitioner no. 2 is having liberty to challenge the charge sheet before the competent Court of law, therefore, this writ petition has rendered infructuous. The liberty is given to the petitioners to file appropriate 4 CRLP No. 8971 of 2024 application before the appropriate Court of law challenging the charge-sheet within a period of one month from today. Keeping in a view the fact that the petitioner no. 1 is presently having pregnancy of four months and the petitioner no. 2 is looking after her, therefore, without expressing any opinion about the status of the parties, the present petition is decided finally in terms of the interim protection being given on 28.11.2024 to the effect that the petitioners shall not be harassed. The writ petition is consigned to the records. August 28, 2025 Arun (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.)

4. In view thereof, the present application is allowed. Learned Counsel for the petitioners is permitted to make necessary amendments in the memo of writ petition during the course of the day. (Order on Memo of Writ Petition)

1. Short counter affidavit alongwith Power has been filed today in the Court by Shri Ganga Prasad Mishra, Advocate on behalf of private respondents which is taken on record. 2 CRLP No. 8971 of 2024

2. Heard learned counsel for the petitioners, learned Counsel for the private respondents and learned A.G.A. appearing for the respondent Nos.1, 2 and 3 and perused the record.

3. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 21.11.2024, lodged by Smt. Nirmla Devi wife of respondent No.4 registered as F.I.R./Case Crime No.0635 of 2024, under Section 137(2), 87 and 351(3) of B.N.S., 2023, at Police Station-Kotwali Nagar, District-Ayodhya.

4. 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 20.11.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Surendra Nagar, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.3 to the writ petition. Petitioner no.1 has annexed a copy of her Aadhar Card and medical certificate issued by Chief Medical Officer, District-Siddhartnagar as Annexure-1 to the writ petition and petitioner No.2 has also annexed a copy of his Aadhar Card as Annexure No.2 to this writ petition as proof of age. 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 within a period of four weeks. Further submission of learned Counsel for the petitioners is that earlier also an FIR dated 31.12.2023 was lodged against the petitioner No.2 bearing Case Crime No.0248 of 2023 under Section 363 and 366 I.P.C., Police Station-Etwa, District-Siddhartnagar and as per the aforesaid FIR dated 31.12.2023 lodged by maternal uncle (brother of the informant of the present FIR) of the petitioner No.1 the age of the petitioner No.1 was around 17 years as on 31.12.2023 and now she is more than eighteen years of age and in support of her age she has also annexed her Aadhar Card and certificate issued by Chief Medical Officer, Siddarthnagar.

5. Further submission of learned Counsel for the petitioners is that the transfer certificate of petitioner No.1 prepared by the private respondents is false, which is annexed as Annexure No.SCA-2 to the short counter affidavit filed on behalf of the private respondents.

6. On the other hand, learned Counsel for the private respondents submits that the age of the petitioner No.1 is 15 years as per the transfer certificate, however, the same is in conflict with the FIR dated 31.12.2023 lodged by maternal uncle (brother of the informant of the present FIR) of the petitioner No.1 and the said transfer certificate is yet to be verified by the police authorities from the original register of the concerned school and from other documents with regard to age of the petitioner No.1.

7. It is also 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.

8. After hearing learned counsel for the parties and going through the record, prima facie, 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 193 of B.N.S.S., 2023, 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 3 CRLP No. 8971 of 2024 statement recorded under Section 183 of B.N.S.S., 2023.

7. No need to issue notice to the private respondents as Shri Ganga Prasad Mishra, Advocate has filed his power on behalf of the private respondents.

8. Office is directed to print/show the name of Shri Ganga Prasad Mishra, Advocate as learned Counsel for the private respondents when the case is next listed.

9. Learned A.G.A. and learned Counsel for the private respondents pray for and are granted four weeks' time to file a detailed counter affidavit.One week's time thereafter shall be available to learned Counsel for the petitioners for filing rejoinder affidavit.

10. List immediately thereafter. "

3. Sri G.D. Bhatt, learned A.G.A. has informed that after completion of the investigation, charge sheet has been filed against the petitioners under Sections 137(2), 87, 351(3) BNS. The said charge sheet has been filed before the learned trial Court.

4. Learned counsel for the petitioners has stated that the petitioner no. 2 has got married with the petitioner no. 1 in one Arya Samaj Temple and the aforesaid fact has been considered in the interim order dated 28.11.2024, since then, they are living together. Presently, the petitioner no. 1 is pregnant having pregnancy of four months as Ultrasound report issued from Ayodhya Diagnostic Centre dated 09.07.2025 has been shown to the Court, the same is taken on record. Learned counsel for the petitioners has further stated that if the petitioner no. 2 has got married with the petitioner no. 1 and on the basis of the aforesaid fact, the charge sheet has not been filed against him under Sections 65(1) BNS and Section 3/4(2) POCSO Act, so the offence under Section 87 BNS would not attract against the petitioners but that fact may be pleaded before the learned trial Court. Learned counsel for the petitioners has also stated that even otherwise, the other sections under which, the charge sheet has been filed, do not make out against the petitioner no. 2.

5. Having considered the submissions made by the learned counsel for the parties, since the charge sheet has not been assailed in this writ petition and the petitioner no. 2 is having liberty to challenge the charge sheet before the competent Court of law, therefore, this writ petition has rendered infructuous. The liberty is given to the petitioners to file appropriate 4 CRLP No. 8971 of 2024 application before the appropriate Court of law challenging the charge-sheet within a period of one month from today. Keeping in a view the fact that the petitioner no. 1 is presently having pregnancy of four months and the petitioner no. 2 is looking after her, therefore, without expressing any opinion about the status of the parties, the present petition is decided finally in terms of the interim protection being given on 28.11.2024 to the effect that the petitioners shall not be harassed. The writ petition is consigned to the records. August 28, 2025 Arun (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.)