A writ petition seeking quashing of an FIR under Section 366 IPC and a stay on arrest was disposed of. The court directed recording of the ward's statement under Section 164 Cr.P.C. and imposed a five-week stay on arrest.
Five-week stay on arrest; direction to record statement under S. 164 Cr.P.C. within a week.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 13360 of 2022
Petitioner :- Pankaj And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
The Advocates are abstaining from judicial work. Shri G.P. Singh, learned AGA appears for State respondents.
Present writ petition has been preferred for quashing the FIR dated 9.9.2022 being Case Crime No.0242 of 2022 under Section 366 IPC, P.S. Binauli, Distt. Baghpat and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
It is averred that petitioner no.1 and daughter of respondent no.4 namely Mohini 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 daughter of respondent no.4 namely Mohini 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 she 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, thereafter, the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, the petitioners shall not be arrested pursuant to aforesaid FIR.
Order Date :- 17.9.2022 SP/
Digitally signed by SURYA PRAKASH Date: 2022.09.21 10:06:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned FIR under Section 366 IPC should be quashed.
Whether a stay on the arrest of petitioners is warranted.
Pankaj And 3 Others
State Of U.P. And 3 Others
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
