Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15859 of 2019 Petitioner :- Harendra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babita Upadhyay,Sanjeev Kumar Gaur Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
The petitioners' counsel has filed certified copy of the impugned F.I.R. today in Court, which has been taken on record.
This criminal misc. writ petition has been filed with the prayer to quash the impugned F.I.R. dated 31.1.2019 registered as Case Crime No. 30 of 2019, under Sections 363, 366 I.P.C. P.S.- Ujhani, District- Budaun.
Heard learned counsel for the petitioners and learned A.G.A. Perused the record.
It was pointed out by learned counsel for the petitioners that the medical examination of the victim regarding age has already been done, according to which she has been assessed to be of about 19 years in age. It was also submitted that the statement of the alleged victim was also recorded under Section 164 of Cr.P.C. by the Magistrate in which she has expressed her inclination to have marriage with the petitioner Harendra and in that regard she also admitted to have gone on her own volition to meet him and subsequently, the marriage had taken place. She admitted to have been living with the petitioner Harendra wilfully and denied the allegation of being enticed away by him. Submission is that in such circumstances the arrest of the petitioners is wholly uncalled for.
Though at this stage while investigation is going on this Court does not feel persuaded to quash the F.I.R., but in the conspicuous facts and circumstances of the case this Court deems it proper to direct that the petitioners shall not be arrested in above mentioned case, till the submission of the police report u/s 173(2) Cr.P.C. provided they shall co-operate with the investigation of the case.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 6.6.2019 Naresh