Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5160 of 2018 Petitioner :- Afreen And Anr. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Dubey Counsel for Respondent :- G.A.,Keshari Nath Tripathi Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Sanjay Dubey, learned counsel for the petitioners, Sri Keshari Nath Tripathi, learned counsel for the caveator, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 26.1.2018 registered as Case Crime No.14 of 2018, under Sections 363 366 I.P.C. and 16/17 POCSO Act, Police Station Mainather, District Moradabad.
Learned counsel for the petitioners submits that as per the Adhar Card, the victim petitioner no.1 is a major girl aged about 19 years and petitioner no.2 is also a major boy aged about 22 years as per the Adhar Card. He further submits that there was love affair between petitioner nos. 1 and 2 and they both have solemnized their marriage according to Muslim eRites and Rituals on their own sweet will on 25.1.2018 and they are living together as husband and wife, for which a notary affidavit has been prepared on 23.2.2018, copy of which is annexed as Annexure-4 to the writ petition. He further submits that no offence is made out against the petitioners, hence, FIR be quashed.
Learned counsel for the caveator as well as learned A.G.A opposed the prayer for quashing of the FIR. Learned counsel for the caveator has pointed out that as per the High School Marksheet, the victim petitioner no.1 is a minor girl aged about 16 years, copy of which has been produced the same is taken on record.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 28.2.2018/NS