Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7293 of 2018 Petitioner :- Baistwar Shabbar And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.K.Singh, learned counsel for the petitioners, 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 10.7.2017 registered as Case Crime No.256 of 2017, under Section 363 I.P.C., Police Station Gopiganj, District Bhadohi Learned counsel for the petitioners submits that there was love affair between petitioner nos.1 and 2, she voluntarily eloped with petitioner no.1 and they both have solemnized their marriage according to Muslim Custom on 22.7.2017. He further submits that the victim who is petitioner no.2 has been recovered and sent to Nari Niketan as she was found to be minor aged about 17-1/2 years as per the High School Certificate as her date of birth is 17.2.2000 and as on date she has become major aged above 18 years. He further submits that it is a not a case of taking away or enticing away the victim, it is a case of elopement.No offence is made out against the petitioners.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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 no.1 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.3.2018/NS