Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20586 of 2019 Petitioner :- Smt.Neeraj @ Neeraj Chandra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Rajesh Kumar Verma, learned counsel for the petitioners and Sri H.M.B. Sinha, learned A.G.A. for the respondent Nos. 1 to 3.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 29.7.2019 in respect of Crime No. 339 of 2019 for the offence under Section 366 of IPC, P.S.-Milak, District-Rampur.
Counsel for the petitioners submits that both the petitioners are major and have performed marriage on 17.06.2019. As per FIR itself, the age of petitioner No.1 is 22 and likewise as per High School certificates both of them are major. He submits that as the marriage has been performed against the wishes of respondent No.4, out of sheer annoyance, he had lodged the report but looking into the facts and circumstances of the case, there is every possibility of amicable settlement between two families. He submits that till filing of charge sheet, protection may be granted to the petitioners.
State counsel has no objection to this proposition.
This writ petition is disposed of finally directing the police authorities not to take any coercive action 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.
Order Date :- 26.8.2019 nethra