Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65077-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8236 of 2025 Petitioner :- Smt. Shakshi And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Anil Kumar,Dinesh Kumar Singh Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Dinesh Kumar Singh, learned counsel for the petitioners, Sri Pankaj Kumar, learned AGA for the State and perused the record. 2. On being pointed out that another petitions filed by the petitioner is also pending as fresh bearing Criminal Writ Petition no. 8174 of 2025 at serial no. 54 before the co-ordinate Bench of this Court, Sri Mohd Hamid, who had filed the aforesaid petition, has appeared before the court and submitted that said petition has been withdrawn by him and the present petition may be entertained. He submits that the aforesaid petition was filed under misconception although he has also received instructions. 3. In the interest of justice, present petition is being entertained. 4. This writ petition has been filed seeking quashing of the first information report dated 9.4.2025 registered as Case Crime no. 72 of 2025, under section 87 B.N.S., P.S. Fatehpur, District Saharanpur. 5. 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 24.5.2005 and she has come forward to challenge the impugned FIR. Petitioner no. 2 is also major, his date of birth being 05.01.2003 as per his High School Certificate. Petitioner nos. 1 and 2 are living together after performing marriage. 6. Learned AGA submits that the marriage certificate issued by Arya Samaj is not reliable, therefore, statement under section 183 BNS is liable to be recorded
7. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Shakshi to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before 20.6.2025.
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. 8. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to the impugned first information report dated 09.4.2025. Order Date :- 28.4.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad