Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 16155 of 2020 Petitioner :- Dipali Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virpratap Singh,Sandeep Maniji Bakhshi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
This petition has been filed by the petitioners seeking quashment of FIR dated 16.10.2020 in respect of Crime No.076 of 2020 under Section 366 of IPC, Police Station Kakarwai, District Jhansi.
Counsel for the petitioners submits that the petitioners are major and have performed marriage of their free-will on 29.10.2020 and after marriage, they are living happy married life. He submits that the FIR has been lodged by the father of petitioner no.1 and there is every likelihood of amicable settlement between two family. On instructions, he further submits that liberty be given to petitioner no.2 to file anticipatory bail application before the trial Court. It has been argued that in the eventuality of filing any such application by petitioner no.2, the trial Court be directed to decide the same on the same day or at least by the next date, so that the petitioners may not suffer any injury.
State Counsel has no objection so far as withdrawal of writ petition and filing of anticipatory bail application are concerned. He, however, submits that discretion be given to the trial Court to decide the anticipatory bail application in accordance with law.
Accordingly, the petitioners are permitted to withdraw this petition with the aforesaid liberty.
Needless to state that in the eventuality of filing any such application by petitioner no.2, the trial Court shall decide the same expeditiously, considering all the aspects of the case, including the factum of marriage.
Petition is dismissed as withdrawn.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioners, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 RKK/-