Allahabad High Court
CRLP/11257/2025 of NAZIA KHATOON AND ANOTHER Vs STATE OF U.P. AND 2 OTHERS on 29 May 2025
No. - 2025:AHC:93516-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 11257 of 2025 Petitioner :- Nazia Khatoon And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amrita Kashyap,Upendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 11257 of 2025
Petitioner :- Nazia Khatoon And Another
Respondent :- State Of U.P. And 2 OthersCounsel for Petitioner :- Amrita Kashyap,Upendra Kumar MishraCounsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.Hon'ble Anil Kumar-X,J.
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1. Heard learned counsel for the petitioners; learned counsel forthe informant and learned AGA for State respondents.
2. Present writ petition has been filed praying to quash theimpugned First Information Report dated 03.05.2025 registered asCase Crime No. 0289 of 2025 under Sections 137 (2), 87, 352, 351(3) and 61 (2) BNS, P.S. Kasya, Distt. Kushi Nagar and for adirection to respondents not to arrest the petitioners pursuant toimpugned FIR.
3. It is submitted that both the petitioners are major and havemarried with each other out of their own free will and as such nooffence under the aforesaid Section is made out.
4. Learned counsel for the informant has vehemently opposed thewrit petition. He submits that petitioner no.1 is minor as per HighSchool certificate and as such no indulgence is required in theinstant matter.
5. Be that as it may, the writ petition is disposed off with adirection to the Investigating Officer to produce the petitioner no.1before the concerned Chief Judicial Magistrate for recording herstatement under Section 183 of BNSS within two weeks fromtoday. In the event the petitioner No.1 appears before theconcerned Chief Judicial Magistrate within the stipulated period,the Chief Judicial Magistrate concerned shall record her statementunder Section 183 BNSS and also ensure her medical examinationfor age determination and, thereafter, the Investigating Officershall proceed in accordance with law.
6. For a period of two months from today, the respondents arerestrained to arrest the petitioners pursuant to the impugned F.I.R.
(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)
Order Date :- 30.5.2025SP/