Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9991 of 2021 Petitioner :- Smt. Shivani And 3 Others Respondent :- State Of U.P Through U.P Govt. And 3 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi 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 26.09.2021 being Case Crime No.0091 of 2021 under Section 366 IPC, P.S. Nagal, Distt. Bijnor and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
It is stated that first and second petitioner are major and have married with each other out of their own free will and as such no offence under the aforesaid Sections is made out. It is also stated that petitioner no.1 has also made statement under Section 164 CrPC in favour of petitioner no.2.
In the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of asking the Chief Judicial Magistrate concerned to pass appropriate orders in accordance with law within three weeks.
For a period of three weeks, no coercive action shall be taken against the petitioners.
Order Date :- 28.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.29 11:29:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.29 11:31:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad