Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7447 of 2021 Petitioner :- Smt.Arti And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Kashyap Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash the first information report dated 1.4.2021 bearing Case Crime No. 138 of 2021 under Section 363 I.P.C., P.S.-Bithari Chainpur, District- Bareilly.
Learned counsel for the petitioners states that earlier in response to the first information report, as at the relevant point of time the daughter of complainant has not attained the age of majority, therefore, she was sent to Nari Niketan. After attaining the age of majority, the daughter of the complainant has now been released from Nari Niketan and she has also solemnized marriage with the petitioner No. 2.
The petitioner Nos. 1 & 2 have stated that they are major and have married with each other out of their own free will and they have registered their marriage and as such no offence under Section 363 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 a week 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 thereafter shall pass appropriate orders in accordance with law under Section 169 Cr.P.C.
For a period of three weeks, no coercive action shall be taken against the petitioners.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 Jaswant