Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22176 of 2019 Petitioner :- Divyanshi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Narayan Gupta Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Raj Narayan Gupta, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 23.9.2019 registered as Case Crime No.0364 of 2019 under sections 363,366 I.P.C, P.S. Kaimganj District Farrukhabad (Fatehgarh).
It is submitted by learned counsel for the petitioners that its' is a joint petition on behalf of petitioner no.1 and 2 claiming themselves to be a married couple, in so far the age of petitioner no.1 is concerned, it is alleged in paragraph-7 that she is major, but her age proof papers are presently in custody of her parents, thus she is unable to file the same, couple is living together as husband and wife without any coercion, petitioner no.3 is close relative of petitioner no.2. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned A.G.A, and learned counsel for the informant submits that as the date of birth of petitioner no.1 as per high school certificate (computerized copy is 5.7.2002). Computerized copy is taken on record.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 30.9.2019 RS