SMT. AKANKSHA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/3328/2025 · 2025-02-18
Ram Manohar Narayan Mishra, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16532 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16532 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23639-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3328 of 2025 Petitioner :- Smt. Akanksha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Saurabh Mishra holding brief of Sri Pankaj Kumar Mishra,
learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. for the State and perused the record.
2. This writ petition has been filed Seeking quashing of the first information report dated 18.1.2025 in Case Crime no. 5 of 2025, under Section 87 of B.N.S., P.S. Jaswant Nagar, District Etawah.
3. The contention of learned counsel for the petitioners is that even as per first information report age of the petitioner no. 1 is above 18 years and as per high-shcool certificate the date of birth of petitioner no. 1 is 20.8.2006 and petitioner no. 2 is 13.2.2001 and both are major and have married with each other out of their own free will and as such no offence under Section 87 of B.N.S. is made out.
4. Learned A.G.A. submits that although age of the petitioner no. 1 is not in dispute, however, Arya Samaj marriage certificate is not valid proof of marriage and as such statement of the petitioner no. 1 is required to be recorded under Section 183 B.N.S.S.
5. Accordingly, the writ petition is disposed off with a direction to the petitioner no.1-Akanksha to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 21.03.2025. In the event, 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 of B.N.S. in further two weeks 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 first information report dated 18.1.2025.
Order Date :- 19.2.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad