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2025 DAILYLAW 60291 (ALL)

SMT GUDIYA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/10161/2025 · 2025-05-18

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82978-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10161 of 2025 Petitioner :- Smt Gudiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Counsel for Respondent :- Amit Kumar Tiwari,G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Certified copy of the first information report filed today is taken on record. 2. Heard Sri Chandra Prakash, learned counsel for the petitioners, Sri Amit Kumar Tiwari, learned counsel appearing for the informant and learned A.G.A. for the State and perused the record. 3. This writ petition has been filed Seeking quashing of the first information report dated 5.5.2025 in Case Crime no. 63 of 2025, under Sections 87 of B.N.S., P.S. Dauki, District- Agra. 4. The contention of learned counsel for the petitioners is that as per AADHAR card, the date of birth of petitioner no. 1 is 1.1.2007 and petitioner no. 2 is 1.1.2004 and both are major and have married with each other out of their own free will and as such no offence under Section 87 of BNS is made out. 5. Learned counsel appearing for the informant and learned A.G.A. submitted that cognizable offence is made out, therefore, no interference is warranted. 6. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Gudiya to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 30.06.2025. 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 of B.N.S.S. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law. 7. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 5.5.2025. Order Date :- 19.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad