Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7892 of 2021 Petitioner :- Smt. Veenesh Kumri And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Srivastava,Ravi Pandey Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 2.9.2021 being Crime No.468 of 2021 under Section 366, 120-B, 506 IPC P.S. Iglas Distt. Aligarh and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
It is stated that the petitioner nos.1 and 2 are major and have married with each other out of their own free will and as such no offence under aforesaid Sections is made out.
Be that as it may, the writ petition is disposed of 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 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 three weeks, no coercive action shall be taken against the petitioners.
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 :- 28.9.2021 SP/