Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 10472 of 2019 Petitioner :- Diksha Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Tiwari Counsel for Respondent :- G.A.,Gopal Singh
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Office report dated 02.09.2019 indicates that service is deemed to be sufficient on respondent no. 3 but no one appeared on his behalf.
Heard learned counsel for the petitioners and Sri A. N. Mulla, learned A.G.A.
This is a joint petition filed by the couple seeking a prayer to quash the F.I.R dated 14.03.2019, Case Crime No. 70 of 2019, under Sections 363 & 366 I.P.C., Police Station-Sumerpur, District-Hamirpur.
It is submitted by learned counsel for the petitioners that victim is a major, as per the medical certificate issued by Chief Medical Officer, Jhansi age of petitioner no. 1 is 18 years, she voluntarily solemnized marriage with petitioner no.2 (Alok Gupta) on 06.04.2019 at Arya Samaj, Sonakhar, District Chhindwada and they are living together as husband and wife of their own free will, no offence is made out, F.I.R. be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019/AKT