SMT. SHIKHA KUMARI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/2120/2025 · 2025-02-13
Mahesh Chandra Tripathi, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14783 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14783 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20811-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2120 of 2025 Petitioner :- Smt. Shikha Kumari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Gupta,Mohd. Faizan Ali,Vandana Gupta Counsel for Respondent :- G.A.,Subhash Chand Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard Mrs. Vandana Gupta, learned counsel for the petitioners, learned A.G.A. for the State-respondents, Mr. Subhash Chand,
learned counsel for the informant and perused the material brought on the record.
2. This writ petition has been filed praying to quash the first information report dated 29.12.2024 registered as Case Crime No.684 of 2024, under Sections 87, 61(2) B.N.S., P.S. - Iglas, District- Aligarh and not to arrest the petitioners pursuant to the said FIR.
3. It is stated in the writ petition that both the petitioners are major and have married with each other out of their own free will and as such no offence under the aforesaid sections is made out.
4. Be that as it may, the writ petition is disposed of 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.
5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report.
Order Date :- 13.2.2025/Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad