Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4630 of 2019 Petitioner :- Smt. Khushbu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Shukla Counsel for Respondent :- G.A.,Virendra Singh Yadav
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Order on Criminal Misc. Application No.3 of 2019:
Heard Sri S K Shukla, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for respondent nos. 1 to 3 on the application.
Application for deleting the name of petitioner no. 1 from the cause title, being not opposed, is allowed.
Learned counsel for the petitioners is permitted to carry out the necessary amendment in the Court itself.
Office to re-register the case, correctly showing the name of the parties.
Order on Writ Petition:
This writ petition has been filed by the petitioners, seeking quashment of FIR dated 31.1.2019 in respect of Crime No.031 of 2019 for the offence under Section 363, 366, 368 of I.P.C., P.S. Shahi, District Bareilly.
Learned counsel for the petitioners submits that petitioner no.1 Guddu @ Sunil Kumar has already performed marriage with Khushbu on 31.1.2019 and the couple is living happily. He further submits that as per High School Certificate, Khushbu is 20 years of age. It has been argued that both Guddu @ Sunil Kumar and Khushbu are major and have every right to live happily without any hindrance being created by respondent no. 4 or any other person.
On the other hand, learned A.G.A opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 25.2.2019 RKK/-