Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7793 of 2021 Petitioner :- Smt. Khushbu And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ram Prakash Upadhyay Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying to quash the impugned first information report dated 10.08.2021 registered as Case Crime No. 0328 of 2021, under Section 366 I.P.C., P.S.- Shahaganj, District-Agra.
Both the petitioners are major as per High School Certificate (Annexure No. 2 to the writ petition) 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. Moreover, they have also applied for registration of their marriage on-line. Copy of the marriage registration application is annexed as Annexure No. 5 to the writ petition.
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 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 petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 A.K.Srivastava