Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7232 of 2018 Petitioner :- Smt. Arti And Anr.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Anuj Kumar Gupta,Ajay Kumar Sharma Counsel for Respondent :- G.A.,Pratibha Vohra
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Ajay Kumar Sharma, learned counsel for the petitioners, Ms. Pratibha Vohralearned counsel for the respondent no.3 and Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 9.3.2018, registered as case crime no.170 of 2018, u/s 363, 366 IPC, P.S. Nakhasa, district Sambhal (Bheem Nagar).
Learned counsel for the petitioners submits that though the petitioner no.2 is a married person and also having children also from his earlier marriage but petitioner no.1 has voluntarily eloped with petitioner no.2. He stated that the statement of the victim-petitioner no.1 may be recorded u/s 164 Cr.P.C.
Learned AGA as well as learned counsel for the respondent no.3 opposed the prayer for quashing of the FIR and submitted that the petitioner no.2 is a married person and also having minor children also from his earlier marriage.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.3.2018 Gaurav