Disposes writ petition to quash FIR under IPC 366. Directs first petitioner to record statement under CrPC 164 within two weeks and prohibits coercive action during that period.
Direction to first petitioner to record statement under Section 164 CrPC within two weeks; no coercive action for two weeks.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6314 of 2021
Petitioner :- Smt. Khushboo And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.M.Ayaz Ali 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 No. 57 of 2021 dated 24.04.2021, under Section 366 I.P.C., P.S.- Lohamandi, District Agra.
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 :- 19.8.2021 Vikram
Smt. Khushboo
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
