High Court · 2025

1. Heard learned counsel for the applicant.

2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 27.06.2025 passed by this Court in Crl. Misc. Writ Petition No. 5755 of 2025.

3. On 07.07.2025, following order was passed:- " 1. Heard.

2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 27.06.2025 passed by this Court in Crl. Misc. Writ Petition No. 5755 of 2025.

3. Learned counsel for the applicant submits that the victim of the alleged criminal case i.e. F.I.R. No. 191 of 2025 u/s 137(2) and 87 of B.N.S., Police Station- Bijnaur, District- Lucknow is a major girl. The applicant-petitioner and the victim were in love affairs. The victim joined the company of the applicant on her own wish, but on the basis of concocted facts, the aforesaid F.I.R. was lodged by the complainant. The applicant and the victim filed a petition i.e. Crl. Misc. Writ Petition No. 5755 of 2025 for quashing the F.I.R. No. 191 of 2025, the said petition was disposed of on 27.06.2025 with the observation that prima-facie the petitioners are major and in case it is so, they certainly have right to choose life partners and hence the ground for interference was made out. It was further observed by the writ Court that Station House Officer, Police Station- Bijnaur, District- Lucknow is directed to produce the victim before the concerned Magistrate for recording her statement under Section 183 of B.N.S.S. within next one week and once statement under Section 183 of B.N.S.S. is recorded, the investigation in the matter be concluded expeditiously, say within a period of four weeks from the date of recording of statement under Section 183 of B.N.S.S.; it is further provided that till submission of the Police report before the Court concerned, no coercive steps shall be taken against the petitioners in pursuance of the aforesaid F.I.R.

4. The order dated 27.06.2025 passed by the writ Court in Crl. Misc. Writ Petition No. 5755 of 2025 is as under:- "1. Heard Ms. Savita Jain, learned counsel for the petitioners as well as learned Standing Counsel for the respondents.

2. It has been submitted by learned counsel for the petitioners that petitioner nos. 1 and 2 were in love relationship and are major as age of petitioner no. 1 is twenty years while age of petitioner no. 2 is 28 years, which is determined on the basis of documents annexed alongwith the present writ petition.

3. The grievance of petitioners is that despite the fact that they have entered into matrimonial alliance on 17.06.2025, according to Hindu Rites and Rituals and certificate of marriage issued by Pragatisheel Hindu Samaj Niyas Mandir, Kaiserbagh, Lucknow has also been annexed alongwith the writ petition, the Police are harassing the petitioners and threatening to arrest them in pursuance to first information report lodged by the mother of petitioner no. 1 being FIR No. 191/2025, under Sections 137(2) and 87 of BNS, at Police Station - Bijnaur, District - Lucknow.

4. Considering the aforesaid submissions and as per the material adduced in the writ petition, we find that prima-facie the petitioners are major and in case it is so, they certainly have right to choose life partners and hence we find that sufficient ground for interference is made out. Accordingly, to verify the aforesaid facts, let respondent no. 3 - Station House Officer, Police Station - Bijnaur, District - Lucknow is directed to produce petitioner no. 1 before the concerned Magistrate for recording her statement under Section 183 of BNSS, within next one week and once statement under Section 183 of BNSS is recorded, he is further directed to conclude the investigation in the matter expeditiously, say within a period of four weeks from the date of recording of statement under Section 183 of BNSS.

5. It is further provided that till submission of the Police report before the Court concerned, no coercive steps shall be taken against the petitioners in pursuance to FIR No. 191/2025, under Sections 137(2) and 87 of BNS, at Police Station - Bijnaur, District - Lucknow. Needless to say that this order is subject to cooperation by the petitioners during investigation.

6. With above observations/directions, present writ petition stands disposed of."

5. Learned counsel for the applicant further submits that after obtaining copy of the aforesaid order, the applicant along with the victim went to the Police Station- Bijnaur, District- Lucknow and requested the Station House Officer for ensuring compliance of directions of the writ Court in relation to recording her statement under Section 183 of B.N.S.S. Thereafter, the applicant was forced to go away from the police station and the victim was confined in the police station. On 04.07.2025, statement of the victim was recorded before Chief Judicial Magistrate, Lucknow and the victim was again brought to the police station.

6. Written instructions dated 07.07.2025 placed before this Court by Sri Sunil Bajpai, learned Additional Chief Standing Counsel obtained from Mr. Arvind Kumar Rana, In-charge, Inspector, Police Station- Bijnaur, District- Lucknow, which are taken on record. Sri Bajpai submits that on the basis of educational testimonials, the victim is aged about 17 years, who was produced before Bal Kalyan Samiti, Lucknow on 03.07.2025, and the order was passed for sending the victim to Rajkiya Bal Grah (Balika) Para Sindhikheda, Lucknow, as a result, she was shifted in the said Rajkiya Bal Grah. He further submits that on 04.07.2025, the statement of the victim was recorded under Section 183 of B.N.S.S., and on 05.07.2025 and 06.07.2025 due to Saturday and Sunday, the Bal Kalyan Samti was closed, hence, the victim was sent back to aforesaid Rajkiya Bal Grah, and on 07.07.2025 on her choice, the victim was allowed to join the company of her mother.

7. List this case on 09.07.2025.

8. On the next date, the Investigating Officer of the case in question shall appear in person before this Court along with complete case diary as well as the orders dated 03.07.2025 and 07.07.2025 passed by Bal Kalyan Samiti, Lucknow and shall also provide the victim's statements recorded u/s 180 and 183 B.N.S.S.

9. Station House Officer, Police Station- Bijnaur, District- Lucknow is also directed to ensure production of the victim before this Court on the next date of listing."

4. In pursuance of aforesaid order, Investigating Officer/Sub Inspector- Mr. Vipin Kumar, Police Station- Bijnaur, District- Lucknow along with Lady Constable- Ms. Priya and victim are present today before this Court.

5. During the course of interaction with the victim, she has stated that she went to the police station on 03.07.2025, thereafter, her statement was recording and after completing the formalities including medico legal examination, she was sent to Rajkiya Bal Grah (Balika) Para Sindhikheda, Lucknow for stay upto 07.07.2025. She has further stated that she has already solemnised marriage with the applicant and she is willing to join his company, but presently she is living with her mother willingly.

6. Considering the contents of the F.I.R. annexed with the application, the case diary placed today before this Court by the Investigating Officer as well as other relevant materials and considering the statements of the victim recorded today during interaction with her, this Court is of the view that no contempt is made out. Accordingly, the contempt application is dismissed.

7. The presence of the aforesaid police officials is hereby dispensed with. Order Date :- 9.7.2025 Arpan ARPAN High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant.

2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 27.06.2025 passed by this Court in Crl. Misc. Writ Petition No. 5755 of 2025.

3. On 07.07.2025, following order was passed:- " 1. Heard.

2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 27.06.2025 passed by this Court in Crl. Misc. Writ Petition No. 5755 of 2025.

3. Learned counsel for the applicant submits that the victim of the alleged criminal case i.e. F.I.R. No. 191 of 2025 u/s 137(2) and 87 of B.N.S., Police Station- Bijnaur, District- Lucknow is a major girl. The applicant-petitioner and the victim were in love affairs. The victim joined the company of the applicant on her own wish, but on the basis of concocted facts, the aforesaid F.I.R. was lodged by the complainant. The applicant and the victim filed a petition i.e. Crl. Misc. Writ Petition No. 5755 of 2025 for quashing the F.I.R. No. 191 of 2025, the said petition was disposed of on 27.06.2025 with the observation that prima-facie the petitioners are major and in case it is so, they certainly have right to choose life partners and hence the ground for interference was made out. It was further observed by the writ Court that Station House Officer, Police Station- Bijnaur, District- Lucknow is directed to produce the victim before the concerned Magistrate for recording her statement under Section 183 of B.N.S.S. within next one week and once statement under Section 183 of B.N.S.S. is recorded, the investigation in the matter be concluded expeditiously, say within a period of four weeks from the date of recording of statement under Section 183 of B.N.S.S.; it is further provided that till submission of the Police report before the Court concerned, no coercive steps shall be taken against the petitioners in pursuance of the aforesaid F.I.R.

4. The order dated 27.06.2025 passed by the writ Court in Crl. Misc. Writ Petition No. 5755 of 2025 is as under:- "1. Heard Ms. Savita Jain, learned counsel for the petitioners as well as learned Standing Counsel for the respondents.

2. It has been submitted by learned counsel for the petitioners that petitioner nos. 1 and 2 were in love relationship and are major as age of petitioner no. 1 is twenty years while age of petitioner no. 2 is 28 years, which is determined on the basis of documents annexed alongwith the present writ petition.

3. The grievance of petitioners is that despite the fact that they have entered into matrimonial alliance on 17.06.2025, according to Hindu Rites and Rituals and certificate of marriage issued by Pragatisheel Hindu Samaj Niyas Mandir, Kaiserbagh, Lucknow has also been annexed alongwith the writ petition, the Police are harassing the petitioners and threatening to arrest them in pursuance to first information report lodged by the mother of petitioner no. 1 being FIR No. 191/2025, under Sections 137(2) and 87 of BNS, at Police Station - Bijnaur, District - Lucknow.

4. Considering the aforesaid submissions and as per the material adduced in the writ petition, we find that prima-facie the petitioners are major and in case it is so, they certainly have right to choose life partners and hence we find that sufficient ground for interference is made out. Accordingly, to verify the aforesaid facts, let respondent no. 3 - Station House Officer, Police Station - Bijnaur, District - Lucknow is directed to produce petitioner no. 1 before the concerned Magistrate for recording her statement under Section 183 of BNSS, within next one week and once statement under Section 183 of BNSS is recorded, he is further directed to conclude the investigation in the matter expeditiously, say within a period of four weeks from the date of recording of statement under Section 183 of BNSS.

5. It is further provided that till submission of the Police report before the Court concerned, no coercive steps shall be taken against the petitioners in pursuance to FIR No. 191/2025, under Sections 137(2) and 87 of BNS, at Police Station - Bijnaur, District - Lucknow. Needless to say that this order is subject to cooperation by the petitioners during investigation.

6. With above observations/directions, present writ petition stands disposed of."

5. Learned counsel for the applicant further submits that after obtaining copy of the aforesaid order, the applicant along with the victim went to the Police Station- Bijnaur, District- Lucknow and requested the Station House Officer for ensuring compliance of directions of the writ Court in relation to recording her statement under Section 183 of B.N.S.S. Thereafter, the applicant was forced to go away from the police station and the victim was confined in the police station. On 04.07.2025, statement of the victim was recorded before Chief Judicial Magistrate, Lucknow and the victim was again brought to the police station.

6. Written instructions dated 07.07.2025 placed before this Court by Sri Sunil Bajpai, learned Additional Chief Standing Counsel obtained from Mr. Arvind Kumar Rana, In-charge, Inspector, Police Station- Bijnaur, District- Lucknow, which are taken on record. Sri Bajpai submits that on the basis of educational testimonials, the victim is aged about 17 years, who was produced before Bal Kalyan Samiti, Lucknow on 03.07.2025, and the order was passed for sending the victim to Rajkiya Bal Grah (Balika) Para Sindhikheda, Lucknow, as a result, she was shifted in the said Rajkiya Bal Grah. He further submits that on 04.07.2025, the statement of the victim was recorded under Section 183 of B.N.S.S., and on 05.07.2025 and 06.07.2025 due to Saturday and Sunday, the Bal Kalyan Samti was closed, hence, the victim was sent back to aforesaid Rajkiya Bal Grah, and on 07.07.2025 on her choice, the victim was allowed to join the company of her mother.

7. List this case on 09.07.2025.

8. On the next date, the Investigating Officer of the case in question shall appear in person before this Court along with complete case diary as well as the orders dated 03.07.2025 and 07.07.2025 passed by Bal Kalyan Samiti, Lucknow and shall also provide the victim's statements recorded u/s 180 and 183 B.N.S.S.

9. Station House Officer, Police Station- Bijnaur, District- Lucknow is also directed to ensure production of the victim before this Court on the next date of listing."

4. In pursuance of aforesaid order, Investigating Officer/Sub Inspector- Mr. Vipin Kumar, Police Station- Bijnaur, District- Lucknow along with Lady Constable- Ms. Priya and victim are present today before this Court.

5. During the course of interaction with the victim, she has stated that she went to the police station on 03.07.2025, thereafter, her statement was recording and after completing the formalities including medico legal examination, she was sent to Rajkiya Bal Grah (Balika) Para Sindhikheda, Lucknow for stay upto 07.07.2025. She has further stated that she has already solemnised marriage with the applicant and she is willing to join his company, but presently she is living with her mother willingly.

6. Considering the contents of the F.I.R. annexed with the application, the case diary placed today before this Court by the Investigating Officer as well as other relevant materials and considering the statements of the victim recorded today during interaction with her, this Court is of the view that no contempt is made out. Accordingly, the contempt application is dismissed.

7. The presence of the aforesaid police officials is hereby dispensed with. Order Date :- 9.7.2025 Arpan ARPAN High Court of Judicature at Allahabad, Lucknow Bench