Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6057 of 2021 Petitioner :- Smt. Chitra Kumari @ Chitra Kashyap And Another Respondent :- State Of U.P And Others Counsel for Petitioner :- Ashutosh Prasad Shukla
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Ashutosh Prasad Shukla, learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed praying to quash the first information report No. 166 of 2021 dated 25.06.2021, under Section 366 I.P.C., P.S.-Kila, District-Bareilly.
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 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 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 :- 30.7.2021 Rahul.
Digitally signed by Justice Surya Prakash Kesarwani Date: 2021.08.02 14:36:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Piyush Agrawal Date: 2021.08.02 14:37:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad