Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9898 of 2021 Petitioner :- Deepu @ Deepak Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Balbir Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 02.06.2021 registered as Case Crime No. 87 of 2021, under Sections 363, 366 and 376 I.P.C., P.S.- Chandaus, District-Aligarh.
The petitioner and prosecutrix are major and have married with each other out of their own free will and as such no offence under Sections 363, 366 and 376 I.P.C. is made out.
Be that as it may, the statement of prosecutrix has already been recorded by the Magistrate on 30.06.2021, which is in favour of the petitioner. Therefore, the writ petition is disposed of with a direction to the Chief Judicial Magistrate concerned to ensure medical age determination of prosecutrix and to pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioner.
Order Date :- 29.10.2021 Ashish Pd.