Writ petition for quashing FIR filed against married couple. Court did not grant quashment but remanded Petitioner No.1 for recording statement under Section 164 Cr.P.C. and stayed coercive action.
Direction to appear before C.J.M. for recording statement under Section 164 Cr.P.C.; coercive action stayed for two weeks.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6206 of 2021
Petitioner :- Smt. Rinki Yadav And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Jeet Bahadur Gautam,Anoop Kumar Sharma
Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Jeet Bahadur Gautam, learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed praying to quash the first information report No. 0038 of 2021 dated 04.02.2021, under Sections 366, 504, 506 I.P.C., P.S.-Tharwai, District-Prayagraj.
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, 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 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 two weeks , no coercive action shall be taken against the petitioners.
Order Date :- 30.7.2021 Rahul.
Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.08.02 14:36:13 IST Date: 2021.08.02 14:37:19 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether to quash the FIR under Sections 366, 504, 506 I.P.C.
Smt. Rinki Yadav
Another
State of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
