Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93870-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11324 of 2025 Petitioner :- Smt. Sunali And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Anuj Bajpai, learned counsel for the petitioners and Sri Anuj Kumar Mishra, 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 20.05.2025 registered as Case Crime no. 0248 of 2025, under sections 87 B.N.S., P.S.-Kant, District-Shahjahanpur.
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. As per F.I.R. itself her age is 19 year and her date of birth is mentioned in Aadhaar Card as 01.01.2006 and she has come forward to challenge the impugned FIR. Petitioner no. 2 is also major, his date of birth being 01.01.2003 as per his Aadhaar Card. Petitioner nos. 1 and 2 are living together in a live-in relationship.
4. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Sunali daughter of Shri Veerpal to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before
14.07.2025. 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 B.N.S.S. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law.
5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to the impugned first information report dated 20.05.2025. Order Date :- 30.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad