Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 30094 of 2018 Petitioner :- Gopal Chandel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- G.A.,Anil Kumar Srivastava
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Supplementary affidavit annexing therewith the statement of the girl under Section 164 Cr.P.C., filed in Court today is taken on record.
Heard the learned counsel for petitioner, learned counsel for the complainant and the learned AGA for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 0500 of 2018, under Sections 420, 376, 316, 504, 506 I.P.C., Police Station- Bhelupur, District Varanasi.
Perusal of the record shows that there is an interim order dated 2.11.2018 passed by another Bench of this Court.
It has not been disputed that the girl was live-in relationship with the petitioner for a period of three months, even as per own statement of the girl recorded under section 164 Cr.P.C. it has not been disputed and as per the said statement she is aged about 24 years, hence it appears that the present proceedings have been initiated only when some dispute arose with regard to the solemnization of marriage.
Thus, keeping in view the facts and circumstances of the case, no purpose would be served in keeping the present matter pending any further before this Court.
Accordingly, the present writ petition is being disposed off finally with a direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation within a period of three months from the date of production of certified copy of the order.
Order Date :- 29.11.2018 Kuldeep