Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19821 of 2019 Petitioner :- Aayasha Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Pratap,Sunil Kumar Singh Counsel for Respondent :- G.A.,Abhishek Gupta
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mahendra Pratap, learned counsel for the petitioners, Sri Abhishek Gupta, learned counsel for the caveater and Sri Gaurav Pratap Singh learned AGA for the State. Perused the record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 19.4.2019 registered as case crime no. 245 of 2019 under sections 363, 366 IPC, police station Phase II, District Gautam Budh Nagar.
Learned counsel for the petitioner submitted that the victim- petitioner no.1 as per medical report appears to be major and the academic record which was filed by the mother of the victim was taken under consideration by the Magistrate and was found to be forged vide order dated 3.6.2019. It is further submitted that the victim has also stated in her statement under Section 164 Cr.P.C. that she has voluntarily eloped with petitioner no.2. It is next submitted that petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Deepika