Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4562 of 2018 Petitioner :- Aman Respondent :- State Of Up Through Secretary Home Dept. U P At Lucknow And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Rakesh Pati Tiwari, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 4.2.2018, registered as Case Crime No.64 of 2018, u/s 363, 366, 376 IPC and 7/8 POCSO Act, P.S. Kotwali District Pilibhit.
Learned counsel for the petitioner submits that the victim has voluntarily eloped with the petitioner. The victim namely Khushbu has been recovered by the police and at present she is living at her parents house (respondent no.3), the said fact is mentioned in para no.2 of the supplementary affidavit. The allegations levelled against the petitioner in the FIR are false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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 :- 26.2.2018 Gaurav