Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8459 of 2021 Petitioner :- Smt. Gulapsa And Others Respondent :- State Of U.P And Others Counsel for Petitioner :- Arun Kumar Vishvakarma Counsel for Respondent :- G.A.,Arvind Kumar Verma,Siya Ram Verma
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and Shri Siya Ram Verma, learned counsel for the complainant-respondent No. 3.
Present writ petition has been preferred for quashing the FIR dated 2.9.2021 being Case Crime No. 0337 of 2021 under Sections 363, 366, 504, 506 IPC, P.S. Govind Nagar, District Mathura and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
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 Sections 363, 366, 504, 506 I.P.C. are made out.
Shri Siya Ram Verma, learned counsel for the complainant- respondent No. 3 has vehemently opposed the writ petition.
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 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 also ensure medical examination for age determination of petitioner no.1 and shall pass appropriate orders in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioners.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.9.2021 Jaswant Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.09.29 09:42:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAM KRISHNA GAUTAM Date: 2021.09.29 10:01:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad