Santosh Kumari @ Anoopa and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Santosh Kumari @ Anoopa and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection for two months - respondents restrained from arresting the petitioners pursuant to FIR dated 12.2.2025; directions issued for petitioner no.1 to appear before the Chief Judicial Magistrate on or before 28.03.2025 for recording of her statement under Section 183 B.N.S.S., with the statement to be recorded within a further two weeks and the Investigating Officer thereafter to proceed in accordance with law.

Issue for consideration

Whether the first information report dated 12.2.2025 in Case Crime no. 31 of 2025 under Section 87 of B.N.S. (P.S. Bharatkoop, District Chitrakoot) is liable to be quashed, the petitioners contending that both are major and have married each other out of their own free will.

Court's answer

Writ petition disposed of (quashing prayer not granted) with a direction to petitioner no.1-Santosh Kumari @ Anoopa to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S. on or before 28.03.2025.

Ratio / Principle

If petitioner no.1 appears within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 of B.N.S.S. within a further two weeks, and thereafter the Investigating Officer shall proceed in accordance with law.

Key takeaways

For a period of two months, the respondents are restrained from arresting the petitioners pursuant to the first information report dated 12.2.2025.ratio¶6

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Vivek Kumar Birla and Nand Prabha Shukla, JJ.) disposed of a criminal miscellaneous writ petition seeking quashing of FIR dated 12.2.2025 in Case Crime no. 31 of 2025 under Section 87 B.N.S., P.S. Bharatkoop, District Chitrakoot. Petitioners, a couple asserting per highschool certificates (dates of birth 10.6.1998 and 1.1.1999) that both are major and married out of their own free will, contended no offence under Section 87 B.N.S. was made out; the learned A.G.A. conceded the victim appears major even per the FIR but submitted the Arya Samaj certificate is not valid proof of marriage. Without deciding these contentions ('Be that as it may'), the Court directed petitioner no.1-Santosh Kumari @ Anoopa to appear before the Chief Judicial Magistrate concerned on or before 28.03.2025 for recording her statement under Section 183 B.N.S.S.; upon appearance within the stipulated period, the CJM to record the statement within a further two weeks, whereafter the Investigating Officer to proceed in accordance with law. For two months, respondents were restrained from arresting the petitioners pursuant to the said FIR. Order dated 27.2.2025.

Neutral Citation No. - 2025:AHC:26979-DB

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 3859 of 2025

Petitioner :- Santosh Kumari @ Anoopa And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ritesh Kumar Singh Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

Heard Sri Rakesh Kumar Mishra holding brief of Sri Ritesh Kumar Singh, learned counsel for the petitioners, Sri Jai Narain, learned A.G.A. for the State and perused the record.

This writ petition has been filed Seeking quashing of the first information report dated 12.2.2025 in Case Crime no. 31 of 2025, under Sections 87 of B.N.S., P.S. Bharatkoop, District Chitrakoot.

The contention of learned counsel for the petitioners is that as per highschool certificate, the date of birth of petitioner no. 1 is 10.6.1998 and petitioner no. 2 is 1.1.1999 and both are major and have married with each other out of their own free will and as such no offence under Section 87 of B.N.S. is made out.

Learned A.G.A. submits even as per first information report the victim is major and has come forward before this Court to challenge the impugned first information report, however, Arya Samaj certificate is not valid proof of marriage.

Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Santosh Kumari @ Anoopa to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 28.03.2025. 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 of B.N.S.S. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law.

For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 12.2.2025.

Order Date :- 27.2.2025 Lalit Shukla

Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad