Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12427 of 2021 Petitioner :- Karan Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ved Prakash Pandey Counsel for Respondent :- G.A.,Jitendra Singh
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A. Shri Jitendra Singh appears for the complainant.
Present writ petition has been preferred for quashing the FIR dated 23.10.2021 being Case Crime No.166 of 2021 under Section 363, 366 IPC, P.S. Nayagaon, Distt. Etah 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 the aforesaid Sections is made out.
On the other hand, learned counsel for the complainant has stated that the second petitioner is minor as per her High School certificate, wherein her age has been mentioned as 07.07.2005.
Be that as it may, the writ petition is disposed of with a direction to the petitioner No.2 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.2 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 her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, the petitioners shall not be arrested pursuant to aforesaid FIR.
Order Date :- 21.12.2021 SP/