Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 10068 of 2021 Petitioner :- Sagar Poddar And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manu Srivastava 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 28.09.2021 being Crime No.297 of 2021 under Sections 363, 366 IPC, P.S. Knowledge Park, Distt. Greater Noida, Gautam Budh Nagar and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
It is stated that the first petitioner and daughter of respondent no.4 (arrayed as respondent no.5) are major and have married with each other out of their own free will and as such no offence under the aforesaid Section is made out.
Be that as it may, the writ petition is disposed of with a direction to the respondent No.5 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within three weeks from today. In the event the respondent No.5 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 respondent no.5 and, thereafter, proceed strictly in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioners pursuant to aforesaid FIR.
Order Date :- 29.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.11.10 17:44:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.11.10 17:45:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad