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2025 DAILYLAW 60066 (ALL)

ARTI DEVI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/10186/2025 · 2025-05-18

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83486-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10186 of 2025 Petitioner :- Arti Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Raj Singh,Piyush Chauhan Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Brij Raj Singh, learned counsel for the petitioners and Sri Pankaj Kumar, 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 02.05.2025 registered as Case Crime no.151 of 2025, under section 87 B.N.S., P.S. Atarra, District Banda. 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 06.07.2006 and she has come forward to challenge the impugned FIR. Petitioner no. 2 is also major, his date of birth being 25.12.1998 as per his High School Certificate. The petitioner no.1 and petitioner no.2 have solemnized their marriage in Arya Samaj Mandir on 8.5.2025 and they have applied online for the registration of the said marriage on 12.5.2025. 4. Learned counsel for the State submits that under the facts and circumstances of the case, the statement of the victim is liable to be recorded under Section 183 B.N.S.S. 5. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Arti Devi daughter of Ram Jiavan to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before 16.06.2025. 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 02.05.2025. Order Date :- 19.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad