Shivani Arya And Another vs State Of U.P. And 2 Others
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Allahabad High Court

Shivani Arya And Another vs State Of U.P. And 2 Others on 21 November, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:183242-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 20300 of 2024
 

 
Petitioner :- Shivani Arya And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Radhey Shyam Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record.

2. This writ petition has been filed praying to quash the first information report dated 14.10.2024 registered as Case Crime No. 94 of 2024, under Sections 137(2) B.N.S. 2023, P.S. Amritpur, District Farrukhabad and not to arrest the petitioners pursuant to the said FIR.

3. It is stated in the writ petition that both the petitioners are major and have married with each other out of their own free will and as such no offences under Sections 137(2), 87 B.N.S. are made out.

4. Per contra, learned AGA submits that no authentic proof of age is appended with the writ petition.

5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl.

6. Be that as it may, the writ petition is disposed of with a direction to the petitioner No. 1 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 B.N.S.S., within a week from today. In the event the 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. and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law.

7. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 14.10.2024.

Order Date :- 21.11.2024

Md Faisal