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2025 DAILYLAW 35841 (ALL)

HIMANSHU RASTOGI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/6416/2025 · 2025-04-06

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49833-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6416 of 2025 Petitioner :- Himanshu Rastogi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dev Kaushik,Trivikram Singh Counsel for Respondent :- G.A.,Santosh Kumar Yadav Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the parties. 2. This writ petition has been filed praying to quash the impugned First Information Report dated 28.8.2021 registered as Case Crime No. 0275 of 2025, under Section 87 B.N.S., P.S.- Baradari, District- Bareilly. 3. Learned counsel for the petitioners submits that both the first petitioner and daughter of the respondent no. 4/informant are major and have married with each other out of their own free will and as such no offence under Section 87 B.N.S. is made out. It has also been informed that the statement of victim/daughter of the respondent no. 4 under Section 183 B.N.S.S, has already been recorded by the concerned Magistrate. 4. In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and with the consent of the parties, the writ petition stands disposed of asking the concerned I.O. to proceed strictly in accordance with law but certainly taking into account statement of the victim u/s 183 B.N.S.S. 5. For a period of six weeks, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to their cooperation in the on-going investigation. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 7.4.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad