DAULI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

                                     .
         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 28428 of 2025

Dauli and another
                                                            .....Petitioner(s)
                                  Versus
State of U.P. and others
                                                          .....Respondent(s)

Counsel for Petitioner(s)                :   Birendra Kumar Gautam
Counsel for Respondent(s)                :   Birendra Kumar Gautam

Court No. - 47
                     HON'BLE J.J. MUNIR, J.
                     HON'BLE TARUN SAXENA, J.

1. We have gone through the affidavit filed by the Sub-Inspector Shiv
Pratap Singh, who is present in Court. In this affidavit, he has spoken
about the case, but said nothing about the incorrect affidavit which he
filed earlier, which we prima facie found to be both the result of a perjury
and an act constituting criminal contempt for saying falsehood on oath
before this Court.

2. Shiv Pratap Singh, who is before the Court, was asked by us to read
out paragraph no. 18 of the counter affidavit dated 24.03.2026, where
apparently the perjured statement finds place. When we offered him the
affidavit to read, he gave us a helpless look and informed us that his is
educated upto Class-XII. He has been promoted from the post of a
Constable and has very scanty knowledge of the English language. We
take it that he has signed this affidavit because of his handicap in the
understanding of English language and there was a communication gap
between him and the draftsman of the affidavit. We, therefore, discharge
the notice issued to him and exempted his appearance.

3. A supplementary affidavit has been filed today in Court, which is
taken on record.

4. We are also informed that the Police, after investigation, have filed a
final report in Court, which has not been accepted.
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5. This writ petition has been filed seeking to quash the F.I.R. dated
28.10.2025 giving rise to Case Crime No. 0210 of 2025, under Sections
87 B.N.S.- 2023, P.S. Bah, District Agra.

6. Notice was issued to respondent no. 3 by RPAD, and according to
the office report dated 31.01.2026, neither acknowledgment nor
undelivered cover has been received back. In this view of the matter,
service upon the said respondent is deemed sufficient. No one appears on
behalf of respondent no. 3.

7.    The case of the petitioners is that both the petitioners are major. The
date of birth of the first petitioner, according to her Highschool Certificate
is 11.01.2006. Thus, she is major. In the supplementary affidavit filed
today, a certificate of the parties' marriage that took place on 16.01.2026
according to Hindu Rites at Arya Samaj, Prayagraj is annexed. The case
of the petitioners is that though the petitioners have fallen in love and
married each other, the third respondent, who is the first petitioner's
father, has disapproved the parties' marriage, and in connivance with the
local Police, lodged the impugned FIR on patently bogus and incredible
allegations. He has said there that the second petitioner has taken away
his daughter by blandishment. The petition is supported by a joint
affidavit of both parties.

8. Upon considering the stand taken by the petitioners and the State, we
think, we ought ascertain the stand of the first petitioner in the matter,
which we proceed to record viva voce:

     "Q. आपका नाम?
     Ans. डॉली।
     Q. आपके िपताजी का क्या नाम है?
     Ans. ्शी मातादीन।
     Q. आपकी आयु िकतनी है ?
     Ans. 11.01.2006, लगभग १९ वषर्।
     Q. आप कहाँ से आयी हैं ?
     Ans. राजस्थान से।
     Q. आप िकसके साथ आयी हैं ?
     Ans. अपने पित के साथ।
     Q. आप कहाँ जाना चाहती हैं।
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                                             Ans.अपने पित के साथ जाना चाहती हूँ।
                                             Q. आप अपने िपताजी के घर जाना चाहती हैं ?
                                             Ans. नहीं।"

                                    9. Considering the stand taken by the prosecutrix and the fact that she is
                                    a major, who has married the second petitioner of her freewill and wish,
                                    we are of opinion that the impugned FIR is a patent abuse of process of
                                    Court. Though we are informed that a final report has been put in by the
                                    Police, but final reports are of volatile and frail existence that can
                                    disappear on the slightest of objection from the first informant or at the
                                    instance of one or the other authorities of the Police, who may think of
                                    further investigating the matter.

                                    10.     This is a case, which neither brooks any objection nor the
                                    inquisitiveness of the Police to get the bottom of a crime. This is a case of
                                    a marriage, where there is no crime at all involved. We are satisfied about
                                    this matter to the hilt.

                                    11. In the circumstances, this petition succeeds and is allowed. The
                                    impugned F.I.R. dated 28.10.2025 giving rise to Case Crime No. 0210 of
                                    2025, under Sections 87 B.N.S.- 2023, P.S. Bah, District Agra is hereby
                                    quashed.

                                    12.   The learned Chief Judicial Magistrate, Agra shall cause an entry to
                                    be made in the GD of P.S. Bah, District Agra in red ink that Case Crime
                                    No. 0210 of 2025, under Sections 87 B.N.S.- 2023, P.S. Bah, District
                                    Agra has been quashed under order of this Court.

                                    13.   Let this order be communicated to the learned Chief Judicial
                                    Magistrate, Agra, and through him, to the Commissioner of Police, Agra
                                    and the Station House Officer, P.S. Bah, District Agra by the Registrar
                                    (Compliance) within 48 hours.



                                                                                    (Tarun Saxena, J.) (J.J. Munir, J.)
                                    May 5, 2026
                                    Deepak




Digitally signed by :-
DEEPAK KUMAR PANDEY
High Court of Judicature at Allahabad