Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21093 of 2019 Petitioner :- Kavya Chaudhary And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Gaurav Kumar Shukla, learned counsel for the petitioners, Sri Akhilesh Kumar Mishra for the informant 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 25.3.2019, registered as Case Crime No. 222 of 2019, under sections 363, 366 I.P.C, P.S. Khalilabad, District Sant Kabir Nagar.
Learned counsel for the petitioners submits that the victim / petitioner no.1 is a major, as per High School Certificate, her date of birth is 25.7.1999, she has solemnized marriage with petitioner no.2, they are living with each other peacefully of their own free-will, no offence is made out, FIR be quashed.
Learned counsel for the informant and the learned A.G.A, opposed the submissions, but did not dispute the age of victim.
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 their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.9.2019 N.S.Rathour