Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:70135-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8740 of 2025 Petitioner :- Smt. Janvi Kumara And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Purti Agarwal Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Ms. Purti Agarwal, learned counsel for the petitioners and Sri S.S.R. Dwivedi, 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 17.4.2025 registered as Case Crime no. 95 of 2025, under section 137(2) B.N.S., P.S. Dhanapur, District Chandauli. Further prayer has been made not to arrest the petitioners in the aforesaid case.
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 Intermediate Certificate in which her date of birth is mentioned as 01.01.2007 and she has come forward to challenge the impugned FIR. Petitioner no. 2 is also major, his date of birth being 20.05.2001 as per his High School Certificate. Petitioner nos. 1 and 2 are living together after performing marriage and they have also got their marriage registered on 21.4.2025 in the office of District Magistrate Kotwali, Central Government of NCT of Delhi.
4. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Janvi Kumari 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.
5. 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