Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6251 of 2021 Petitioner :- Chanchal Kumari And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Garun Pal Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Shri Sanjay Kumar Singh, holding brief of Shri Garun Pal Singh, learned counsel for the petitioners, Shri Patanjali Mishra, learned AGA for the State - respondents and Shri Yadvendra Dwivedi, learned counsel for the informant - respondent no. 4.
This writ petition has been filed praying to quash the first information report No. 0450 of 2021 dated 13.07.2021, under Section 366 I.P.C., P.S.- Kotwali, District- Mathura.
Both the petitioner nos. 1 & 2 have stated that they 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 of with a direction to the petitioner No.1 to appear before the Chief Judicial Magistrate, Mathura 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 shall pass appropriate orders in accordance with law.
For a period of two weeks, no coercive action shall be taken against the petitioners.
Order Date :- 13.8.2021 Amit Mishra