SMT. MINAXI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
CRLP/19851/2025 · 2025-09-07
Pramod Kumar Srivastava, Vivek Kumar Birla
body2025
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[ 2025 DAILYLAW 90985 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90985 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19851 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard Sri Akshay Kumar Shukla, learned counsel for the petitioners, 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 24.8.2025, in Case Crime no. 0338 of 2025, under Section 87 BNS, P.S. Gangoh, District Saharanpur.
3. The contention of the learned counsel for the petitioners is that as per High School certificate-cum-Marks Sheet, the date of birth of the petitioner no. 1 Minaxi is 20.8.2023 and petitioner no. 2 Vinit Kumar is 11.6.2004 and both are major and have married with each other out of their own free will and as such no offence under Section 87 BNS is made out. It is submitted that they have not applied online for registration of their marriage and they undertake to apply online for registration of their marriage.
4. Learned AGA appearing for the State respondents has opposed the petition.
5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1 Minaxi to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 BNSS, on or before 17.10.2025 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 Versus Counsel for Petitioner(s) : Akshay Kumar Shukla, Ravindra Pal Singh Kashyap Counsel for Respondent(s) : G.A. Smt. Minaxi And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
183 BNSS 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 24.8.2025, in Case Crime no. 0338 of 2025, under Section 87 BNS, P.S. Gangoh, District Saharanpur. September 8, 2025 Abhishek CRLP No. 19851 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad