GUDDI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present petition has been filed for a writ of Habeas Corpus for release of petitioner No. 1 from what is alleged to be an illegal detention by the State respondents. The petitioners claim to be married and that petitioner No. 2 is the husband of petitioner No. 1.

(2.) It is claimed in the writ petition that the date of birth of petitioner No. 1 is 1/1/2004 and petitioners married according to Hindu Rites and Customs on 25/4/2025 at Arya Samaj, Damodar Puram, Subhash Nagar, Bareilly. It has been stated that petitioner No. 1 voluntarily left her parental home and married petitioner No. 2 and no force or coercion was applied on her either to leave her parental home or marry petitioner No. 2. On 27/4/2025, the respondent No. 4 who is the father of petitioner No. 1 lodged a first informa- tion report registering Case Crime No. 95 of 2025 under Sec. 137 (2) of the Bhartiya Nyay Sanhita, 2023 (hereinafter referred to as 'BNS'). It was stated in the first information report that petitioner No. 1 was aged 16 years and 9 months. The first information report was challenged by the petitioners before this Hon'ble Court through Criminal Misc. Writ Petition No. 9227 of 2025 in which an order dtd. 8/5/2025 was passed restraining the respondents from arresting the petitioners for a period of two months. The relevant portion of the order is reproduced below:-

(3.) In pursuance to the order dtd. 8/5/2025 passed by this Court, the statement of petitioner No. 1 was recorded under Sec. 180, BNSS wherein the petitioner No. 1 stated that she was aged about 21 years, had voluntarily gone with the petitioner No. 2 and that petitioners had married in Arya Samaj, Damodar Puram, Subhash Nagar, Bareilly and were living as husband and wife. Petitioner No. 1 was also medically examined. The medical report dtd. 28/5/2025 submitted by the Medical Officer, District Women Hospital, Shahjahanpur reported that the radiological age of petitioner No. 1 was 19 years. The statement of petitioner No. 1 was also recorded under Sec. 183, BNSS wherein she reiterated her statement given under Sec. 180, BNSS.