Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7859 of 2018 Petitioner :- Smt. Neha Kumari And 2 Ors.
Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Balbeer Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Balbeer Singh, learned counsel for the petitioners, Sri R.K. Mishra, learned brief- holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 16.3.2018, registered as Case Crime No.287 of 2018, u/s 363, 366 IPC and (2)(v) SC/ST Act, P.S. Shikohabad, district Firozabad.
Learned counsel for the petitioners submits that earlier FIR was lodged against petitioner no.2 for the offence u/s 363, 366 IPC and 3(2)(v) SC/ST Act in which medical examination of the victim who is petitioner no.1 was conducted in which she was found to be 17 years of age. The petitioner no.2 has got himself bailed out in the said case and facing trial. Subsequently the petitioner no.1 again returned to petitioner no.2 with whom she is living as on date. She is a major girl aged above 19 years as she was aged about 17 years as per her medical report dated 23.6.2015.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.3.2018 Gaurav