Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7792 of 2021 Petitioner :- Vanshika Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.,Zafeer Ahmad
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 No. 644 of 2021 dated 13.08.2021, under Sections 363 & 366 I.P.C., P.S.- Majhola, District- Moradabad.
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 of with a direction to the petitioner No.1 to appear/shall be produced by the respondent no. 3 before the Chief Judicial Magistrate, Moradabad 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 :- 20.9.2021 Amit Mishra