Smt Mamta Dwivedi And 4 Others vs State Of U.P. And 3 Others

A perusal of the report of the CJM, Hamirpur, shows that service upon respondent No. 4, Upendra Kumar Dwivedi, has been effected in person.

Service upon respondent No. 4 is, therefore, sufficient.

The petitioners are adults. The first petitioner is a major aged about 25 years. She has married the second petitioner of her free will and wish, and the same has been disclosed in her statement recorded under Section 183 BNSS.

A counter affidavit has been filed on behalf of the State.

Admit.

Heard forthwith.

This writ petition has been filed seeking to quash the impugned F.I.R. dated 16.12.2025 giving rise to Crime No. 248 of 2025, under Section 87 of BNS, Police Station Biwar, District Hamirpur.

The case of the first and second petitioners is that both are major, the first petitioner being 25 years of age. They married each other according to Hindu rites on 16.12.2025 at the Alopi Shanker Mandir, Prayagraj. The prosecutrix, in her statement recorded before the Judicial Magistrate on 21.1.2026, has stated that she is in love with the second petitioner, Shivam Tiwari. She has known him for the past two years. On 15.12.2025, at about 2 o'clock in the wee hours, she left home without telling anyone. She went to the nearby temple where she met Bhola, the second petitioner. The two of them proceeded to Prayagraj. They went to the Alopi Mandir on 16.12.2025 and got married. They then proceeded to Delhi and rented accommodation. The two of them are living together as man and wife.

It is urged that the first petitioner's brother and other family members have not taken kindly to the marriage. It is for this reason that they have falsely reported the second petitioner and his family members to the police on allegations that the second petitioner has taken away the first petitioner, a woman of 25 years, by blandishment. She has, ex facie, in our opinion, stated that the impugned FIR is an abuse of the process of the Court and an endeavour by respondent No. 4 to forcibly separate the couple by misuse of the authority of the police so that the first petitioner can be taken back to her parents' home.

We are of the opinion that the petitioners are mature persons who are entitled, under the Constitution and the laws, to marry according to their choice without hindrance from anyone, including their family members. The police, by registering the FIR and proceeding with the investigation, have done a disservice to their own cause and the law. The impugned FIR, in our opinion, is an abuse of the process of criminal law.

In the result, the writ petition succeeds and is allowed. The impugned FIR giving rise to Crime No. 248 of 2025, under Section 87 of BNS, Police Station Biwar, District Hamirpur, is hereby quashed.

The Chief Judicial Magistrate, Hamirpur, is directed to cause an entry to be made in the G.D. of the police of District Hamirpur in red ink that proceedings of Criminal Case No. 248 of 2025, under Section 87 BNSS, stand quashed under the orders of this Court.

Let this order be communicated to the Chief Judicial Magistrate, Hamirpur, the S.P. Hamirpur and the S.H.O. police station Biwar, district Hamirpur by the Registrar (Compliance).

(Tarun Saxena,J.) (J.J. Munir,J.)

May 6, 2026

Sumaira