Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11986 of 2021 Petitioner :- Smt. Arti Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Singh,Uday Shankar Tiwari Counsel for Respondent :- G.A.,Tiwari Abhishek Rajesh
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners, Sri Tiwari Abhishek Rajesh, learned counsel for the respondent no.4 and learned A.G.A. for the State.
Present writ petition has been preferred for quashing the impugned First Information Report dated 22.10.2021 registered as Case Crime No. 751 of 2021, under Sections 363, 366, 504, 506 I.P.C., Police Station- Nawabganj, District- Prayagraj.
Submission of learned counsel for the petitioners is that both the petitioners no. 1 and 2 are major and have married with each other out of their own free will and as such no offence under Section 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed off 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 five weeks, no coercive action shall be taken against the petitioners pursuant to the impugned F.I.R.
Order Date :- 20.12.2021 A.Kr.