Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8491 of 2021 Petitioner :- Smt. Roshani And Another Respondent :- State of U.P. And 3 Others Counsel for Petitioner :- Birendra Kumar Mishra,Tahir Ali Counsel for Respondent :- G.A.,Pramod Kumar Pandey
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 31.8.2021 being Case Crime No. 0441 of 2021 under Sections 363, 366 IPC, P.S. Manjhanpur, District Kaushambi 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 Sections 363, 366 I.P.C. are made out.
Be that as it may, the writ petition is disposed of 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 a week 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 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 Jaswant