Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12265 of 2021 Petitioner :- Smt. Bhumi Chaudhary And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 4.8.2021 registered as Case Crime No. 0778 of 2021, under Sections 366 I.P.C., P.S. Modi Nagar, District Ghaziabad.
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 :- 23.12.2021 Abhishek