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2025 DAILYLAW 47803 (ALL)

SANDHAYA DEVI @ JYOTI @ SMT. SANDHYA DEVI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/7953/2025 · 2025-04-23

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62465-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7953 of 2025 Petitioner :- Sandhaya Devi @ Jyoti @ Smt. Sandhya Devi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kushal Raj Chaudhary,Mukesh Kumar Bharti,Sanju Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Kushal Raj Chaudhary, 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 06.04.2025 registered as Case Crime no. 0055 of 2025, under section 87 B.N.S., P.S. Mahewa Ghat, District Kaushambi. 3. The contention of learned counsel for the petitioners is that petitioner no.1 left her home on her own sweet will as the informant side was forcing her to marry for which she was not ready and admittedly, this fact is clearly reflected from the impugned FIR itself. Admittedly, petitioner no.1 is major as per her High School Certificate in which her date of birth is mentioned as 12.08.2005 and she has come forward to challenge the impugned FIR. Petitioner no. 2 is also major, his date of birth being 22.07.1997 as per his High School Certificate. Petitioner nos. 1 and 2 are living together in a live-in relationship. 4. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Sandhya Devi @ Jyhoti @ Smt. Sandhya Devi daughter of Rakesh to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before 16.06.2025. 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 B.N.S.S. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law. 5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to the impugned first information report dated 06.04.2025. Order Date :- 24.4.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad