CRIMINAL MISC. WRIT PETITION No. 5820 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:43895-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5820 of 2025 Petitioner :- Smt. Neelu And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. The present writ petition has been preferred with prayer to quash the impugned First Information Report dated 16.03.2025 registered as Case Crime No.144 of 2025, under Section 87/115(2)/117(2)/352 B.N.S., P.S. Roza, District-Shahjahanpur and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 2. The record in question reflects that both the petitioners are major and solemnized their marriage with their own free will. A copy of marriage registration certificate is brought on record as Annexure No.5 to the writ petition. 3. Reliance has been placed upon Hon'ble Supreme Court's judgment in Kavita Chandrakant Lakhani vs. State of Maharashtra & Anr reported in AIR 2018 SC 2099, wherein it was held that to constitute an offence under Section 366 IPC (now Section 87 B.N.S.), it is necessary for the prosecutio