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2025 DAILYLAW 48652 (ALL)

SHIVANI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/8169/2025 · 2025-04-27

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65338-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8169 of 2025 Petitioner :- Shivani And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Kumar Baisla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners as well as the learned Additional Government Advocate representing the State-respondents at length. 2. The present writ petition has been filed under Article 226 of the Constitution of India, wherein the petitioner has challenged the legality, propriety, and validity of the impugned First Information Report dated 15.04.2025, registered as Case Crime No.0213 of 2025, under Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.), at Police Station Chandpur, District Bijnor. The petitioners have further prayed for issuance of a direction restraining the police authorities from effecting his arrest pursuant to the aforesaid impugned F.I.R. 3. Learned counsel for the petitioners submits that the first petitioner is major, she has joined second petitioner on her own accord with freewill, as such no case for elopement is made out as alleged in the FIR, therefore, the FIR is liable to be quashed. 4. Learned A.G.A. informed to the Court that the statement of victim under Section 180 and 183 BNSS have already been recorded and investigation is in progress. 5. Considering the facts and circumstances, we are not inclined to keep the matter pending consideration. With the consent of parties, the writ petition is disposed of with observation that Investigating Officer may proceed in accordance with law and complete the investigation at the earliest within two months period and till then no coercive action shall be taken against the petitioners pursuant to impugned FIR, subject to co-operation in the on-going investigation. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 28.4.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad