Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:69836-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8737 of 2025 Petitioner :- Smt. Ruchi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bindu Kumari Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Smt. Bindu Kumari, learned counsel for the petitioners, Sri S.S.R. Dwivedi, learned AGA for the State and perused the record.
2. This writ petition has been filed seeking quashing of the first information report dated 17.04.2025 registered as Case Crime no. 0023 of 2025, under section 87 B.N.S., P.S. Jugail, District Sonbhadra.
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 25.03.2007 and she has come forward to challenge the impugned FIR. Petitioner no. 2 is also major, his date of birth being 26.07.2001 as per his 8th class Mark Sheet. Petitioner nos. 1 and 2 are living together after performing marriage.
4. Per contra, learned AGA submitted that Arya Samaj marriage is not valid proof of marriage and the petitioners have not applied for registration of their marriage.
5. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Ruchi to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before 23.06.2025. 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.
6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to the impugned first information report dated 17.04.2025. Order Date :- 2.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad