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2025 DAILYLAW 15643 (ALL)

SMT. GARIMA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/2564/2025 · 2025-02-26

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27015-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2564 of 2025 Petitioner :- Smt. Garima And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 22.1.2025 registered as Case Crime No.0037 of 2025, under Sections 137(2), 352, 351(3) of B.N.S., 2023, P.S. - Chandpur, District- Bijnor and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that first petitioner claims to be major and has already solemnized marriage with the second petitioner with her own free will and as such no offence under Sections 137(2), 352, 351(3) of B.N.S., 2023 is made out. It is also pressed that there is false implication of the petitioner No.3 only for the reason that she is real sister of the second petitioner. 4. Per contra, learned A.G.A. submits that no authentic proof of age is appended with the writ petition. 5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. Be that as it may, the writ petition is disposed of with a direction to the petitioner No.1 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 B.N.S.S., within a week from today. In the event the petitioner No.1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 B.N.S.S. and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law. 7. For a period of three months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 22.01.2025. Order Date :- 27.2.2025 Sachin (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad