CRLP/1576/2024 of SANGEETA DEVI AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS on 1 December 2025

1. Case called out. None is present for the petitioners to press the petition. There is no request for pass over or adjournment of the case.

2. The following order was passed on 05.03.2024:- Heard. By means of this petition the petitioners have challenged FIR dated 24.02.2024 bearing case Crime No. 53/2024 under Sections 363, 366, 506 IPC registered at Police Station Lalganj, District Pratapgarh. Petitioners claim to have married each other of their own volition and also that on the date of their marriage i.e., 26.02.2024 they were of marriageable age. Petitioners rely on the birth certificate of petitioner no. 1 annexed as Annexure 2 to contend that the girl is major as against the age mentioned in FIR which is 17 years. Petitioners have married each other of their own volition, therefore, no offence as alleged in the impugned FIR is made out. However, we find that the birth certificate has been issued on 26.02.2024 two days after lodging of FIR. We do not know as to on what basis the said certificate has been issued wherein the date of birth is mentioned as 01.01.2004. This is a matter of investigation. Let learned AGA seek instructions as to what is the proof of age of petitioner no. 1. List in the 2nd week of April, 2024. In the meantime, unless it is found during investigation that on the date of marriage the petitioner no. 1 was minor or not of marriageable age, the petitioner no. 2 shall not be arrested on the basis of the impugned FIR, however, if the position is found otherwise, then, the law will take its own course. Petitioners should get their statements recorded before the Investigating Officer within 15 days from today. If they do not do so, then, it can be made a ground for seeking vacation of this interim order. Versus Counsel for Petitioner(s) : Ashok Kumar Maurya Counsel for Respondent(s) : G.A. Sangeeta Devi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)

3. Learned AGA, on the basis of telephonic instructions, submits that the charge sheet dated 12.11.2024 has been filed in the court on 28.11.2024 against the petitioner no.2 and pending against an accused. However, none is present to controvert the same.

4. In view of above, since after investigation, prima facie, the allegations have been found proved against the petitioner no.2, against whom the impugned F.I.R. was lodged, on the basis of evidence and material collected during investigation and the petitioner has a remedy before the concerned authority or before the concerned court, no purpose would be served by keeping this petition pending, as the petitioners have also lost interest in pursuing the matter as none is present on behalf of the petitioners.

5. Dismissed accordingly. December 1, 2025 Akanksha Sri/- CRLP No. 1576 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench