Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 20873 of 2019 Petitioner :- Smt. Kirti And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Pandey Counsel for Respondent :- G.A.,Akhilesh Kumar Pandey
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Akhilesh Pandey, learned counsel for the petitioners and Sri Akhilesh Kumar Pandey, learned counsel for the first informant and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 16.07.2019, Case Crime No. 197 of 2019, under Sections 366, 504, 506 I.P.C. Police Station Derapur, District Rama Bai Nagar (Kanpur Dehat).
It is submitted by learned counsel for the petitioners that it is a joint petition on behalf of petitioners no. 1 & 2, who claim themselves to be a married couple, are living together without any coercion coupled with the facts that F.I.R. itself alleges the age of petitioner no. 1 to be the same as disclosed in the Aadhar Card, which disclosed the age as 19 years, no offence is made out, FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 26.9.2019 Vibha Singh