Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8090 of 2021 Petitioner :- Amber And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Anwar Hussain Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 24.8.2021 being Case Crime No.598 of 2021 under Section 366 IPC P.S. Tasganj, Distt. Agra and for a direction to respondents not to interfere in the peaceful married life of the petitioners.
Both the petitioners have stated that they are major and have married with each other out of their own free will and as such no offence under the aforesaid Section is made out.
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 164 Cr.P.C., within two weeks 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 164 Cr.P.C. and shall pass appropriate orders in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioners.
Order Date :- 29.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.11.08 10:33:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.11.08 10:34:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad