Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12287 of 2021 Petitioner :- Smt. Nandini And Another Respondent :- State Of U.P And 3 Others Counsel for Petitioner :- Babban Prasad Dwivedi 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.
This writ petition has been filed praying to quash the first information dated 19.10.2021 registered as Case Crime No. 457 of 2021, under Sections 363, 366 I.P.C., P.S.- Maudarwaja, District-Farrukhabad.
Both the petitioners have stated that they are major and have married with each other out of their own free will and they have also applied for registration of their marriage and as such no offence under Sections 363, 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 two weeks 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 thereafter the concerned Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks from today, the respondents are restrained to arrest the petitioners.
Order Date :- 17.12.2021 Jaswant