Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8816 of 2021 Petitioner :- Mala And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Janam Shahi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A. The supplementary affidavit dated 22.10.2021 is taken on record.
Present writ petition has been preferred for quashing the FIR dated 30.11.2020 being Case Crime No.0283 of 2020 under Section 363, 366 IPC P.S. Kurrah, Distt. Mainpuri 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. They have also got their marriage registered. It is also stated that petitioner no.1 has also made statement under Section 164 CrPC in favour of petitioner no.2.
In the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of asking the Chief Judicial Magistrate concerned to pass appropriate orders in accordance with law within three weeks.
For a period of three weeks, no coercive action shall be taken against the petitioners.
Order Date :- 27.10.2021 SP/