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2026 DAILYLAW 6610 (ALL)

NIRMALA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/1280/2026 · 2026-09-13

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1280 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. Learned counsel for the petitioner submitted that the corpus, Nirmala, aged about 16 years, is the minor daughter of the petitioner, Veerwati, and is in the illegal detention of private respondents nos. 4 and 5, who have allegedly enticed her away. In this regard, an F.I.R. was lodged on 25.04.2026, being Case Crime No. 172 of 2026, under Section 137(2) of the B.N.S., at Police Station Bhuta, District Bareilly, against the private respondents. However, neither has any accused been arrested nor has any coercive action been taken against the private respondents. 2. Per contra, learned A.G.A., on the basis of instructions received, submitted that the date of birth of the corpus is 03.03.2006, according to which she is more than 20 years of age and has attained majority. It is further submitted that she was having a romantic relationship with respondent no. 4, Karan, and has voluntarily solemnized marriage with him according to her own free will and choice. In her statement recorded under Section 183 of the B.N.S.S., she has also affirmed her relationship with respondent no. 4. Thus, she is not in the illegal detention of any person. 3. I have heard learned counsel for the parties and perused the documents annexed with the petition as well as the instructions received by learned A.G.A. 4. From a perusal of the instructions received by learned A.G.A., it is apparent that, pursuant to the F.I.R. lodged by the petitioner, the matter was investigated by the police. During investigation, it was found that the date of birth of the corpus is 03.03.2006 and, accordingly, she has attained majority. Her statements under Sections 180 and 183 of the B.N.S.S. were also recorded, wherein she unequivocally stated that she was having a romantic relationship with respondent no. 4, Karan, and had voluntarily Versus Counsel for Petitioner(s) : Santoosh Kumar Dwivedi Counsel for Respondent(s) : G.A. Nirmala And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) solemnized marriage with him on 28.07.2026. Since then, she has been residing voluntarily with him at her matrimonial home. 5. From her statement recorded before the learned Magistrate, it is evident that she is not in the illegal detention of any person and is residing voluntarily with her husband at her matrimonial home. Thus, no ground is made out for entertaining the instant habeas corpus writ petition. 6. Accordingly, the instant habeas corpus writ petition is dismissed. September 14, 2026 Jitendra HABC No. 1280 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad