Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7118 of 2018 Petitioner :- Boby @ Sharik Khan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Vikrant Gupta, learned counsel for the petitioner, Ms. Ibha Sinha, 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 by the petitioner with a prayer to quash the F.I.R. dated 22.2.2018 registered as case crime no. 83 of 2018 under section 363 I.P.C., police station Shahjadnagar, District Rampur.
Learned counsel for the petitioners submits that petitioner no. 1 was having some relations with the victim, who is daughter of respondent no. 3 and other two petitioners are relative of petitioner no. 1. The victim has voluntarily eloped with petitioner no. 1 and at present she is living at her parental home, hence the present F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 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 :- 23.3.2018 Shiraz