Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1989 of 2019 Petitioner :- Aadil And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Mohammad Zakir, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 7.1.2019 registered as Case Crime No. 0026 of 2019 under sections 363, 366 I.P.C, P.S. Loni, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioners are the real brothers of one Shadil, who is languishing in jail, who contracted the marriage with the daughter of respondent no. 4, F.I.R, itself alleges the victim to be aged around 16 years, considering the personal law, she did attain the age to contract marriage, the petitioners only facilitated in the said Niqah, no offence is made out against the petitioners, hence, the same is liable to be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.1.2019 N.S.Rathour