In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3537 of 2021 Petitioner :- Smt. Kavita Soni And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard Sri Harish Chandra Mishra, learned counsel for the petitioners, learned AGA for the State-respondents and perused the records.
The petitioners herein seek for quashing of the First Information Report dated 21.03.2021 registered as Case Crime No. 169 of 2021, under Section 366 I.P.C. P.S. Sipri Bazar, District - Jhansi. Placing the marks sheet of the High School Examination 2015 of petitioner no.1, the victim girl, as also copy of adhar card of the petitioner no.2, boy, it is submitted by learned counsel for the petitioners that both are major. In the Marks sheet of High School Examination 2015, the date of birth of the petitioner No. 1 has been mentioned as 27.11.1999. It is contended that the petitioners have performed their marriage out of their own sweet will and there is no pressure or force on petitioner no.1, the victim girl.
The copy of the High School marks sheet of petitioner No. 1 has been appended at page '18' of the paper book.
Considering the material on record, though we do not find any reason to quash the First Information Report but for the assertions made herein, it is provided that the petitioners shall not be arrested till submission of the police report under Section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not make any effort to influence any witnesses or tamper any evidence.
The writ petition is, accordingly, disposed of.
Order Date :- 20.5.2021 gp