Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 8141 of 2021 Petitioner :- Suman And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State - respondents. Sri Rajeev Kumar Pal has put in appearance today on behalf of the informant - respondent no.4.
This writ petition has been filed praying to quash the first information report No. 0287 of 2021 dated 07.09.2021, under Sections 366, 504 and 506 I.P.C., P.S.- Islam, District- Budaun.
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 Sections 366, 504 and 506 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/shall be produced by the respondent no.3 before the Chief Judicial Magistrate, Budaun, 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 two weeks, no coercive action shall be taken against the petitioners.
Order Date :- 28.9.2021/vkg