SANTOSH KUMARI @ ANOOPA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/3859/2025 · 2025-02-26
Nand Prabha Shukla, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23785 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23785 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:26979-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3859 of 2025 Petitioner :- Santosh Kumari @ Anoopa And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ritesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Sri Rakesh Kumar Mishra holding brief of Sri Ritesh Kumar Singh,
learned counsel for the petitioners, Sri Jai Narain, 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 12.2.2025 in Case Crime no. 31 of 2025, under Sections 87 of B.N.S., P.S. Bharatkoop, District Chitrakoot.
3. The contention of learned counsel for the petitioners is that as per high- school certificate, the date of birth of petitioner no. 1 is 10.6.1998 and petitioner no. 2 is 1.1.1999 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 even as per first information report the victim is major and has come forward before this Court to challenge the impugned first information report, however, Arya Samaj certificate is not valid proof of marriage.
5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Santosh Kumari @ Anoopa to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 28.03.2025. 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.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 12.2.2025.
Order Date :- 27.2.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad