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2025 DAILYLAW 14331 (ALL)

SAKINA @ SAKSHI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/2587/2025 · 2025-02-13

Mahesh Chandra Tripathi, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20852-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2587 of 2025 Petitioner :- Sakina @ Sakshi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the material brought on the record. 2. This writ petition has been filed praying to quash the first information report dated 22.11.2024 registered as Case Crime No.0352 of 2024, under Section 87 of B.N.S., 2023, P.S. - Khutahan, District- Jaunpur and not to arrest the petitioners pursuant to the said FIR. 3. Learned counsel for the petitioners has contended that both the petitioners are major. The first petitioner joined the second petitioner out of her own free will without any coercion and they are living together. Even though they belong to different religions but under the present facts and circumstances no case is made out under Section 87 BNS. 4. Per contra, learned AGA has resisted the relief and stated that the alleged marriage is void but he acknowledged, as per record, that first petitioner is major and living with second petitioner. 5. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and thereafter the Investigating Officer shall proceed in accordance with law. 6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. 7. Needless to say, this Court has not entered into the merits of the case. Order Date :- 13.2.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad