Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5724 of 2021 Petitioner :- Smt. Soni Devi And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Singh,Santosh Kumar Nigam Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash the first information report in Case Crime No. 135 of 2021, dated 07.6.2021, under Sections 363, 366 & 120-B I.P.C., P.S.-
Malwan, District- Fatehpur.
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 off 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 two weeks 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 two weeks, no coercive action shall be taken against the petitioners.
Order Date :- 29.7.2021/vkg