SMT. SIMA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/10706/2025 · 2025-05-25
Nand Prabha Shukla, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61726 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61726 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88834-DB
Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10706 of 2025 Petitioner :- Smt. Sima And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rameshwar Prasad Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Shri Rameshwar Prasad Mishra, learned counsel for the petitioners, Shri 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 15.04.2025, registered in Case Crime no.0126 of 2025, under Section 87 of BNS, 2023, P.S. Bilsi, District-Badaun.
3. The submission of the learned counsel for the petitioners is that as per School Leaving Certificate the date of birth of the petitioner no. 1-Sima is 17.06.2004 and as per Aadhar Card the date of birth of the petitioner no. 2 is 1.7.2003 and both are major and have married with each other out of their own free will, as such no offence under Section 87 BNS, 2023 is made out. Further submission is that both the petitioners have applied online for registration of their marriage.
4. Per contra, learned AGA opposed the prayer and submits that there is not authentic proof of the age of petitioner no.1-Seema.
5. Be that as it may, the writ petition is disposed of with a direction to the petitioner no.1-Priya to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 BNSS, 2023, on or before
07.07.2025. 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 BNSS, 2023 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 first information report dated 15.04.2025, registered in Case Crime no.0126 of 2025, under Section 87 of BNS, 2023, P.S. Bilsi, District-Badaun. Order Date :- 26.5.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad