Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2647 of 2019 Petitioner :- Kusum And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uday Gopal Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Order on Amendment Application No. 3 of 2019
Heard Sri Uday Gopal, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State-respondents.
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 name accordingly showing the name of the parties.
Order on Writ Petition This writ petition has been filed by the petitioners seeking quashment of FIR dated 11.12.2018 in respect of Crime No. 1146 of 2018 for the offence under Sections 366 and 120B of I.P.C., P.S. Dibai, District Bulandshahr.
Learned counsel for the petitioners submits that petitioner no. 1 Pramod Kumar has already performed marriage with Kusum, daughter of respondent no. 4 on 22.11.2018 and the couple is living happily. Both Pramod Kumar and Kusum are present in the Court, they are major and have a right to live happily without any hindrance being created by respondent no.4 or any other person. Learned counsel further submits that the remaining petitioners are family members of petitioner no. 1 and they have nothing to do with the present case.
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 :- 31.1.2019 A. Tripathi/SK