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Neutral Citation No. - 2025:AHC:27669-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3816 of 2025 Petitioner :- Sudha And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. The present writ petition has been preferred for quashing the FIR dated 24.01.2025 registered as Case Crime No. 34 of 2025 under Sections 137(2), 87 of B.N.S. at Police Station - Sahaswan, District - Budaun, against petitioner No.2 and for a direction upon the respondents not to arrest the petitioner pursuant to aforesaid FIR.
3. Petitioner No.1 claims herself to be of marriageable age and major while petitioner No.2 is minor. There is allegation against petitioner No.2 of abduction of petitioner No.1.
4. Learned counsel for the petitioners submits that it is a case of false implication. Petitioner No.1 is major and she is living with the family of petitioner No.2 on her own will and has not been abducted by petitioner No.2. It would be in the interest of justice, if the facts are clarified by recording of the statement of petitioner No.1 before the Chief Judicial Magistrate, Budaun.
5. The petition is disposed of directing the Chief Judicial Magistrate, Budaun to record the statement of petitioner No.1 under Section 164 Cr.P.C.(now Section 183 B.N.S.S.) and ascertain the correct facts and act accordingly.
6. Petitioner No.1 undertakes to appear before the Chief Judicial Magistrate, Budaun within a period of one week and thereafter her statement shall be recorded.
7. Till her statement is recorded, petitioner No.2 shall not be arrested pursuant to the impugned F.I.R., provided he cooperate with the investigation in question. Order Date :- 27.2.2025/K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad