CRLP/12710/2021 of DANISH AND 2 OTHERS Vs State of U.P. AND 2 OTHERS on 24 December 2021

Conclusion

Case :- CRIMINAL MISC. WRIT PETITION No. - 12710 of 2021

Petitioner :- Danish And 2 OthersRespondent :- State Of U.P. And 2 OthersCounsel for Petitioner :- Istiyaq Ali,Ali HasanCounsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioners and learned A.G.A.

Present writ petition has been preferred for quashing the FIRdated 01.12.2021 being Case Crime No.0543 of 2021 underSection 363, 366 IPC, P.S. Chandausi, Distt. Sambhal and for adirection to respondents not to arrest the petitioners pursuant toaforesaid FIR.

It is contended that first and third petitioner are major and havemarried with each other out of their own free will and as suchno offence under the aforesaid Sections is made out.

Be that as it may, the writ petition is disposed of with adirection to the petitioner No.3 to appear before the ChiefJudicial Magistrate concerned for recording her statement underSection 164 Cr.P.C., within a week from today. In the event thepetitioner No.3 appears before the Chief Judicial Magistrateconcerned within the stipulated period, the Chief JudicialMagistrate concerned shall record her statement under Section164 Cr.P.C.and also ensure her medical examination for agedetermination and, thereafter, the Investigating Officer shallproceed strictly in accordance with law.

For a period of five weeks, the petitioners shall not be arrestedpursuant to aforesaid FIR.

Order Date :- 24.12.2021SP/