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2015 DIGILAW 1063 (ALL)

Sartaj @ Qayamuddin v. State of U. P.

2015-05-01

AMAR SINGH CHAUHAN, TARUN AGARWALA

body2015
JUDGMENT Heard the learned counsel for the petitioners and the learned A.G.A. 1. This writ petition has been filed by the petitioners, namely, Sartaj alias Qayamuddin and Kaja Singh alias Tasmiya, for quashing of the FIR of Case Crime No.0163 of 2015, under Sections 363 and 366 IPC, Police Station Govind Nagar, District Kanpur Nagar. 2. The petitioner, Sartaj alias Qayamuddin,(hereinafter referred to as petitioner-husband) and Smt. Kajal Singh alias Tasmiya, (hereinafter referred to as the petitioner-wife) are present in this Court and they have been identified by their lawyer. Petitioner-wife claims to have voluntarily married petitioner-husband out of her own sweet will and is living with him without any coercion and compulsion, and denies that she has ever been kidnapped by petitioner-husband. 3. No proof of age of the petitioner-wife has been filed. 4. Since, no proof of the age of the petitioner-wife has been filed, we direct her to appear before the I.O. concerned within two weeks, who shall record her statement under Section 161 Cr.P.C. and shall produce petitioner-wife before the CJM/Magistrate concerned for getting her statement recorded under Section 164 Cr.P.C., who shall duly record the same. 5. The CJM/Magistrate concerned shall also satisfy himself that the marriage of the petitioners has been properly registered under the concerned Marriage Act. 6. Till the disposal of the aforesaid proceedings before the CJM concerned as provided herein above, the arrest of the petitioners in the aforesaid case, shall remain stayed. 7. In case the petitioner-husband fails to fulfil any of the conditions mentioned herein above, the stay of arrest granted by this Court shall stand vacated. 8. With the aforesaid observations, the writ petition is disposed of.