Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 17603 of 2018 Petitioner :- Gitanjali Srivastava And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Tiwari,K.S. Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vivek Tiwari, learned counsel for the petitioners, Sri A.R. Chaurasia, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record..
This petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 29.04.2018 registered as case crime no. 16 of 2018 under sections 354A, 354D & 506 I.P.C., police station Naugarh, District Chandauli.
It transpires from the office reports dated 27.08.2018 and 20.09.2018 that though notice has been issued to respondent No. 3 but he has not appeared to press this matter and service of notice is deemed sufficient on respondent No.3.
Learned counsel for the petitioners submitted that the petitioner No.1 is the victim of the case; petitioner no.1 and petitioner No.2 are living together and both of them are major as per High School Certificate and a Joint- Affidavit of registration of marriage between petitioner No.1 and 2 has been filed which is annexed at page No.26.
Considering the facts and circumstances of the case and the submission advanced by learned counsel for the parties, we are of the opinion that the submission advanced by learned counsel for the parties has substance, hence impugned F.I.R. is liable to be quashed.
Accordingly, the F.I.R. of the present case is hereby quashed.
The petition stands allowed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 24.9.2018/A. Mandhani