RAMESH YADAV AND ANOTHER v. THE STATE OF U.P. AND 2 OTHERS
CRLP/14245/2025 · 2025-08-19
Salil Kumar Rai, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71608 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71608 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142137-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14245 of 2025 Petitioner :- Ramesh Yadav And Another Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Sheshmani Vishwakarma Counsel for Respondent :- Brijesh Kumar Mishra,G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. Heard the counsel for the petitioners, the Additional Government Advocate representing respondent nos. 1 & 2 and Ms. Vijyeta Gupta, Advocate holding brief of Sri Brijesh Kumar Mishra, the counsel for respondent no. 3. The present petition has been filed for the following reliefs:-
"1. Issue a writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 03.03.2025, in Case Crime No. 0119 of 2025 under Sections- 87, 351 (3) of B.N.S., Police Station- Hata, 10 District- Kushi Nagar. 2. Issue a writ, order or direction in the Nature of Mandamus commanding the Respondent No.2 not to arrest and harass the Petitioners in pursuant to the impugned F.I.R. dated 03.03.2025, in Case Crime No. 0119 of 2025 under Sections- 87, 351(3) of B.N.S., Police Station Hata, District- Kushi Nagar." It is the admitted case of the parties that the petitioner no. 2, i.e., the girl is major and her date of birth is 01.01.2006 as recorded in her High School certificate for the Examination - 2024 and annexed at Page - 32 of the writ petition. In her statement under Section 183(5) B.N.S.S., the petitioner no. 2 has stated that she had gone with petitioner no. 1 out of her own free will and volition and no coercion was practiced on her. In the statement under Section 183(5) B.N.S.S., the petitioner no. 2 has also stated that she wants to live with petitioner no. 1 who incidentally is also her brother-in-law. As the petitioner no. 2 is major and has gone with petitioner no. 1 out of her own free will and volition, no offence under Sections 87 and 351(3) B.N.S. is made out against the petitioner no. 1. For the aforesaid reasons, the First Information Report dated 03.03.2025, in Case Crime No. 0119 of 2025 under Sections- 87, 351 (3) of B.N.S., Police Station- Hata, 10 District- Kushi Nagar and all proceedings as a consequence of the said first information report are, hereby, quashed. The petition is allowed.
Order Date :- 20.8.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad