Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 24472 of 2019 Petitioner :- Ajay Kumar Alias Bunty And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the parties.
It is contended that the first information report lodged on 30.10.2019 is based on false allegations, inasmuch as, the first informant (respondent no. 4 herein) had married with brother of the petitioner no. 1 i.e. respondent no. 5 out of her own sweet will on 24.4.2019. The said marriage was performed in Arya Samaj Mandir on the said date and has been duly registered with the certificate issued by the Marriage Registration Officer, Ghaziabad-(U.P.), India.
The first informant is about 24 years of age and she had retracted from her previous stand on account of the pressure exerted by her parents. The police had taken away the first informant from the house of the petitioners where she was living with respondent no. 5 after marriage.
The copy of the certificate issued by the Arya Samaj Mandir and the certificate of registration of marriage are appended with the writ petition.
Looking to the allegations in the first information report though we do not find any reason to quash the same, however, it is provided that the petitioners shall not be arrested till the submission of police report in Case Crime No. 1120 of 2019 under Sections 376D, 328, 420 and 506 I.P.C., Police Station Vijay Nagar, District Ghaziabad. They shall, however, cooperate with the investigation and shall not make any effort to influence the witnesses.
The criminal writ petition is disposed of. Order Date :- 28.11.2019 Brijesh