Smt Sunita & Anr. v. State Of U.P. And 3 Others
Case at a glance
Outcome
Disposed of
Be that as it may, the writ petition is disposed off with a
Provisions considered
Judgment
Heard Sri Rajesh Maurya, learned counsel for the petitioners and Sri Paritosh Malviya, learned AGA for the State-respondents and perused the record.
This writ petition has been filed praying to quash the first information report dated 18.04.2025, registered as Case Crime No.127 of 2025, under Sections 137(2), B.N.S. and section 3(1) (Da), 3(1)(Dha), 3(2)(v) of Prevention of Atrocities to SC/ST Act, 1989(Amended, 2015), Police Station Dhanari, District Sambhal and not to arrest the petitioners pursuant to the said FIR.
It is stated in the writ petition that both the petitioners are major and have married each other out of their own free will and as such no offence under the aforesaid sections is made out. Petitioners have also applied for registration of their marriage through an online application.
Learned State Law Officer for the State-respondents states that in the instant matter SC/ST Act is also attracted. The notice is served upon the informant/respondent no.4.
Operative part
Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure the determination of her medical age 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 impugned first information report. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 6.5.2025 VKG
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Be that as it may, the writ petition is disposed off with a
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — s. 137(2); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 180, 183.
Which court decided this case, and when?
Allahabad High Court, on 06 May 2025. The bench was MAHESH CHANDRA TRIPATHI, ANIL KUMARX.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.