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Rakhee Sharma And Another vs State Of U P And Others

High Court Of Judicature at Allahabad|17 December, 2021
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JUDGMENT / ORDER

Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12222 of 2021 Petitioner :- Rakhee Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 25.11.2021 lodged by respondent no. 3 registered as Case Crime No. 446 of 2021, under Section 366 I.P.C., P.S.- Govind Nagar, District- Mathura.
It is submitted that the petitioners no. 1 and 2 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. Registration certificate of their marriage has also been annexed as annexure-4 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 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 shall pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioners pursuant to the impugned F.I.R.
Order Date :- 17.12.2021 Manoj
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Title

Rakhee Sharma And Another vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
17 December, 2021
Judges
  • Vivek Kumar Birla
Advocates
  • Ajay Kumar Tiwari