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2025 DAILYLAW 56373 (ALL)

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

CRLP/9625/2025 · 2025-05-13

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78793-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9625 of 2025 Petitioner :- Smt Shrivati and another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avinash,Lal Prabhakar Singh Counsel for Respondent :- G.A.,Ramesh Kumar Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State respondent nos.1 and 2 and Sri Ramesh Kumar, learned counsel for the respondent no.3 (informant). 2. This writ petition has been filed praying to quash the impugned first information report dated 19.03.2025 registered as Case Crime No.82 of 2025 under Sections 87, 352, 351 (3) of B.N.S., 2023 and Section 7/8 of POCSO Act, P.S. Junawai, District Sambhal 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 and as such, no offence under Section 363, 366 I.P.C. is made out. 4. Per contra, learned AGA submits that no authentic proof of age is appended with the writ petition. 5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. Be that as it may, the writ petition is disposed of with a direction to the petitioner No.1 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 B.N.S.S., within a week from today. In the event the 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. and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law. 7. For a period of three months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 19.03.2025. Order Date :- 14.5.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad