Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5806 of 2021 Petitioner :- Kohenoor And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gurfan Ali,Awadhesh Prasad Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Gurfan Ali, learned counsel for the petitioners, Sri Awadhesh Prasad Pandey, learned counsel for the informant- respondents and learned A.G.A. for the State.
This writ petition has been filed praying to quash the first information report No. 0115 of 2021 dated 25.06.2021, under Section 366 I.P.C., P.S.-Badagaon, District-Saharanpur.
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.