Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34359 of 2018 Petitioner :- Neeraj And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashok Kumar Singh for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 31.10.2018 registered as Case Crime No. 237 of 2018, under Section 366 IPC, P.S. Gangiri, Distt. Aligarh.
A perusal of the FIR indicates that in the FIR allegation has been made that daughter of the informant namely Neeraj was enticed and abducted by the petitioner/accused.
The counsel for the petitioners submits that Smt Neeraj is a major girl inasmuch as in the FIR itself her age has been mentioned as 19 years. She has voluntarily married to Bhagirath, petitioner-2. Marriage Registration Certificate has also been filed by the petitioners along with the writ petition as Annexure-5.
In the facts of the case, the writ petition is disposed of with direction that petitioners shall not be arrested in pursuance of FIR dated 31.10.2018 registered as Case Crime No. 237 of 2018, under Section 366 IPC, P.S. Gangiri, Distt. Aligarh, till submission of police report under Section 173 (2) Cr P C.
Order Date :- 29.11.2018 Rahul /-