CRLP/8000/2024 of SARIYA AND 4 OTHERS Vs State of UP AND 2 OTHERS on 29 May 2025

1. Heard learned counsel for the petitioners, learned AGA for theState-respondents and perused the record.

2. The instant writ petition has been preferred with followingprayer:- "1. Issue a writ, order or direction in the nature of certiorari quashing the impugned FirstInformation Report, dated 04.05.2024, registered as Case Crime No.149 if 2024, undersections 363, 504, 506, IPC, Police Station Sungarhi, District Pilibhit.

2. Issue a writ, order or direction in the nature of mandamus directing the respondents not tointerfere in peaceful matrimonial life and liberty of petitioners in pursuance of the FirstInformation Report, dated 04.05.2024, registered as Case Crime No.149 if 2024, undersections 363, 504, 506, IPC, Police Station Sungarhi, District Pilibhit.

3. Issue a writ, order or direction in the nature of mandamus commanding and directing therespondents not to arrest the petitioners in pursuance of the First Information Report, dated04.05.2024, registered as Case Crime No.149 if 2024, under sections 363, 504, 506, IPC,Police Station Sungarhi, District Pilibhit and no coercive steps be taken against them by theconcerned police."

3. While entertaining the writ petition on 16.05.2024 the DivisionBench has accorded interim relief in favour of the petitioners. Forready reference the order dated 16.05.2024 is reproduced asunder:- "Contention is that petitioners are major and have solemnized marriage out of their ownvolition and, therefore, lodgement of First Information Report dated 4.5.2024 in Case CrimeNo. 149 of 2024, under Sections 363, 504, 506 I.P.C., Police Station - Sungarhi, DistrictPilibhit, is an abuse of the process of law. Prayer is made to quash the impugned FIR.

Matter requires consideration.

Learned AGA accepts notice on behalf of respondent nos. 1 & 2.Issue notice to respondent no. 3. Steps be taken within a week.

List thereafter.

Till the next date of listing or till submission of police report under Section 173(2) Cr.PC.,whichever is earlier, no coercive action shall be taken against the petitioners pursuant toimpugned First Information Report, dated dated 4.5.2024 in Case Crime No. 149 of 2024,under Sections 363, 504, 506 I.P.C., Police Station - Sungarhi, District, provided theycooperate with the investigation. The first petitioner shall appear before the InvestigatingOfficer within two weeks from today and who shall get her statement recorded under section164 Cr.P.C. and thereafter to proceed with the investigation in accordance with law andsubmit report in terms of section 173(2) Cr.P.C. It shall be open for the investigating officerto determine the age of the victim at the stage of investigation."

4. Learned counsel for the petitioners further submits that later onthe charge sheet has been submitted in the matter, which is alreadychallenged in Application U/s 528 BNSS No.8997 of 2025 (ArbazAlias Arwaz Ali). He submits that learned Single Judge haddirected the said application to be connected with the instant writpetition. He fairly states that in the instant writ petition no cause ofaction survives, as such he is not inclined to press the instant writpetition. However, the connected Application U/s 528 BNSSNo.8997 of 2025 (Arbaz Alias Arwaz Ali) may be detached fromthe instant writ petition and may be placed before the appropriateCourt.

5. Accordingly, the instant writ petition is dismissed as notpressed.

6. The Application U/s 528 BNSS No.8997 of 2025 (Arbaz AliasArwaz Ali) be detached from the instant writ petition and placedbefore the appropriate Court for disposal.

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

Order Date :- 30.5.2025VKG