Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12408 of 2021 Petitioner :- Smt. Rashmi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Girjesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. and Sri Yadavendra Dwivedi, learned counsel who has filed his vakalatnama on behalf of respondent no. 4, which is taken on record.
This writ petition has been filed praying to quash the impugned First Information Report dated 14.11.2021 registered as Case Crime No. 0437 of 2021, under Sections 363, 366 I.P.C., P.S.- Milak, District Rampur.
Both 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. Attention was drawn to the Aadhar Card of petitioner no. 1 issued on 24.8.2016.
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 :- 21.12.2021 Abhishek