Allahabad High Court
RAJ KUMARI @ PRIYANKA AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed; no relief is granted.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking (i) quash of an FIR dated 05.02.2025 under Section 87 of the Bhartiya Nyay Sanhita, 2023, (ii) a mandamus directing the police not to arrest them, (iii) a mandamus directing certain respondents to take action against a fourth respondent for alleged interference in the petitioners' live‑in relationship, and (iv) police protection. The petitioners' counsel did not appear before the Court, while the State’s Additional Government Advocate informed the Court that a charge‑sheet had already been filed on 08.04.2025. Considering the filing of the charge‑sheet and the petitioners’ non‑appearance, the Court found no reason to continue the proceedings and dismissed the writ petition in its entirety.
Issues considered
- Whether the FIR dated 05.02.2025 can be quashed under Section 87 of the Bhartiya Nyay Sanhita, 2023.
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioners.
- Whether the Court can direct respondents to take legal action against a third party for alleged interference in a live‑in relationship.
- Whether the Court can order police protection for the petitioners.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 87
Subjects
- writ petition
- FIR quash
- Section 87 B.N.S.
- mandamus
- live-in relationship
- police protection
- non-appearance
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3652 of 2025
Raj Kumari @ Priyanka And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anita Singh, Prem Babu Verma
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioners with the
following main reliefs:-
"(i) Issue a writ, order or direction in nature of certiorari for quashing
the impugned first information report dated 05.02.2025 which has been
registered as Case Crime No. 58 of 2025, under Section 87 of Bhartiya
Nyay Sanhita, 2023 (B.N.S.), Police Station Shahganj, District Agra.
(ii) Issue a writ, order or direction in nature of mandamus, commanding
and directing the respondent authorities not arrest the petitioners in
pursuance of the impugned first information report dated 05.02.2025
which has been registered as Case Crime No. 58 of 2025, under Section
87 of Bhartiya Nyay Sanhita, 2023 (B.N.S.), Police Station Shahganj,
District Agra.
(iii) Issue a writ, order or direction in nature of mandamus, commanding
and directing the respondents No.2 & 3 to take legal necessary action
against the respondent No.4 for not interferes in peaceful live-in-
relationship of the petitioners.
(iv) Issue any suitable order or direction mandamus commanding the
respondent authorities to provide the police protection to petitioners
against the respondent No.4 and other family members."
2. None appeared on behalf of the petitioners even in the revised list. Sri
CRLP No. 3652 of 2025
2
S.N. Tiwari, learned A.G.A. appearing on behalf of the State is present.
3. Learned AGA for the State submitted and apprised the Court that after
completion of investigation, charge-sheet has been forwarded on
08.04.2025 to the court concerned.
4. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State that the charge sheet has
already been forwarded as well as non-appearance on behalf of the
petitioners, we do not find any reason to keep this matter pending for
further adjudication.
5. Accordingly, the instant writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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