Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7762 of 2021 Petitioner :- Smt. Chhaya Chauhan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,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 No. 437 of 2021 dated 25.07.2021, under Section 366 I.P.C., P.S.- Kotwali, District- Mainpuri.
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 Section 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed off with a direction to respondent no.2 to produce the petitioner No.1 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 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 :- 23.9.2021 T.S.