Anendra Yadav And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 10921 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2055 of 2021
 

 
Petitioner :- Anendra Yadav And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bratendra Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ram Krishna Gautam,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 dated 12.12.2020 in Case Crime No. 568 of 2020, under Section 366 I.P.C. and Section 3 (2) (va) of S.C./S.T. Act, 1989 (Amendment 2015) P.S.-Bhongaon, District-Mainpuri.

Learned counsel for the petitioners in support of his submission states that both the petitioners are major and have solemnized marriage out of their own free will. Once the respondents were harassing the petitioners, they have earlier approached this Court by preferring Writ C No. 24411 of 2020 (Kiran Kumari and another Vs. State of U.P. and 2 others) whereby this Court relying on the judgment of Apex Court in the case of Lata Singh Vs. State of U.P., AIR 2006 SC 2522 has accorded civil protection to the petitioners. Meanwhile, the petitioners have applied online for registration of their marriage.

Learned counsel for the petitioners makes an statement at bar that the complainant/respondent No. 3 has died.

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. and Section 3 (2) (va) of S.C./S.T. Act, 1989 are made out.

Be that as it may, the writ petition is disposed off with a direction to the petitioner No. 2 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. 2 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 four weeks from today or till the recording of the statement of petitioner No. 2 under Section 164 Cr.P.C., no coercive action shall be taken against the petitioners.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 26.8.2021

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