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2025 DAILYLAW 96357 (ALL)

SMT POOJA KUMARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/20748/2025 · 2025-09-15

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20748 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Prakhar Srivastava, learned counsel for the petitioners and 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 13.8.2025 registered as Case Crime no. 0283 of 2025, under section 87 B.N.S., P.S. Laar, District Deoria. 3. The contention of learned counsel for the petitioners is that the victim herself has come to challenge the FIR. Admittedly, as per High School Certificate, date of birth of petitioner no.1 is mentioned as 05.8.2004 and that of petitioner no.2 is 16.7.2001 as per his High School Certificate. Therefore, both the petitioners are major and have married with each other out of their own free will and they have also applied online for registration of their marriage, as such, no offence under Section 87 BNS is made out. However, the petition is not not supported by any joint affidavit. 4. Be that as it may, the writ petition is disposed of with a direction to petitioner no.1 Pooja Kumari daughter of Sri Dunmun Prasad to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before 10.11.2025. 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 Versus Counsel for Petitioner(s) : Prakhar Srivastava, Shiv Babu Maurya Counsel for Respondent(s) : G.A. Smt Pooja Kumari And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) petitioners pursuant to the impugned first information report dated 13.8.2025. September 16, 2025 Madhurima CRLP No. 20748 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad