Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9454 of 2021 Petitioner :- Roshni Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Chaudhary 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 1.9.2021 being Crime No.264 of 2021 under Section 366 IPC at P.S. Harraiya, Distt. Basti 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 Section 366 I.P.C. is 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 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 :- 27.10.2021 SP/