Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9994 of 2021 Petitioner :- Rahul And 4 Other Respondent :- State Of Up Through Principal Secretary Home Gov. Up And 3 Others Counsel for Petitioner :- Dwijendra Prasad 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.
Present writ petition has been preferred for quashing the FIR dated 21.10.2020 being Case Crime No.327 of 2020 under Section 363, 366, 120-B IPC, P.S. Sahawar, Distt. Kasganj and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
It is stated that first and fifth petitioner 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. It is also stated that petitioner no.5 has also made statement under Section 164 CrPC in favour of petitioner no.1.
Learned AGA on the other hand has stated that there is dispute qua the age of fifth petitioner.
Be that as it may, the writ petition is disposed of with a direction to the petitioner No.5 to appear before the Chief Judicial Magistrate concerned within one week from today. In the event the petitioner No.5 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall ensure her medical examination for age determination and shall pass appropriate orders in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioners.
Order Date :- 28.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.29 11:29:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.29 11:31:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad