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2025 DAILYLAW 56044 (ALL)

SMT. SWEETI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/9461/2025 · 2025-05-11

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77051-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9461 of 2025 Petitioner :- Smt. Sweeti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned AGA for the State-respondents. 2. This writ petition has been filed praying to quash the first information report dated 18.3.2023 registered as Case Crime No. 120 of 2023, under Sections 363, 366, 504, 506 IPC, P.S. Kayamganj, District Fatehgarh and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that both the petitioners are major and have married with each other out of their own free will, the petition is supported by joint affidavit and as such no offence under the aforesaid sections is made out. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and thereafter the Investigating Officer shall proceed in accordance with law. 5. For a period of six weeks, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 12.5.2025 Ujjawal (Anil Kumar-X, J) (Mahesh Chandra Tripathi, J) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad