Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7583 of 2021 Petitioner :- Shrawan Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nirbhay Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner, learned A.G.A. and learned counsel for the complainant.
Present writ petition has been preferred for quashing the FIR dated 7.8.2020 registered as Case Crime No.257/2020 under Section 493 IPC, P.S. Shankergarh, Distt. Prayagraj and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.
Learned counsel for the petitioner states that the matter has already been settled between the parties. The petitioner as well as complainant have married with each other out of their own free will and have also got their marriage registered. The said factual aspect has not been disputed by learned counsel for the complainant.
Be that as it may, the writ petition is disposed of with a direction to the respondent No.3 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 respondent No.3 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 petitioner.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.9.2021 SP/