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2025 DAILYLAW 29195 (ALL)

AMREEN @ NEHA AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/4740/2025 · 2025-03-11

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36396-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4740 of 2025 Petitioner :- Amreen @ Neha And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Pundir Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This writ petition has been filed seeking quashing of the impugned First Information Report dated 25.02.2025, registered as Case Crime No. 0068 of 2025, Under Section- 137(2) B.N.S. of 2023 at Police Station-, District- Shamli and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Learned counsel for the petitioners submits that the first and the second petitioners, both from poor laborer families, are in a live-in relationship against the wishes of the parents of petitioner no.1, who oppose their interfaith union. The petitioner no.1, a 20-year-old woman per her Aadhaar card, left her home voluntarily to escape forced marriage to an elderly widower arranged by her parents under societal pressure. Allegedly, her family, with support from the village Pradhan and police, falsely claims she is a minor and has been kidnapped. The impugned FIR, filed despite a High Court order, is claimed to be an abuse of process, aimed at coercing petitioner no.1 to return. Petitioners fear honor killing and seek protection of their constitutional rights under Articles 14, 15, 19, 21, and 22. He submits that till date, no charge sheet has been filed, they approach the High Court for relief from police harassment. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and to 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 the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of six weeks from today, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 12.3.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad