The High Court disposed of a writ petition seeking to quash an FIR under Section 366 IPC. The court directed the petitioner to record her statement under Section 164 Cr.P.C. and prohibited coercive action against them for two weeks.
No coercive action against petitioners for two weeks; direction to record statement under Section 164 Cr.P.C.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6441 of 2021
Petitioner :- Smt. Nikita And Another Respondent :- State Of U. P Counsel for Petitioner :- Abhishek Tiwari
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. 0402 of 2021 dated 06.07.2021, under Section 366 I.P.C., P.S.- Niwari, District- Ghaziabad.
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 before the Chief Judicial Magistrate, Ghaziabad 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 :- 17.8.2021 Amit Mishra
Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.08.17 16:10:40 IST Date: 2021.08.17 16:11:16 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 latching the petitioners under Section 366 IPC.
2 provisions across 2 enactments
Smt. Nikita And 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
