Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20706 of 2019 Petitioner :- Neha Patel And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gautam,Shardeshwar Mishra Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Radhey Shyam Yadav, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State- respondent.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 03.08.2019, in respect of Crime No. 888 of 2019, under Sections 366, 504, 506 of IPC, Police Station Kotwali Orai, District Jalaun.
Learned counsel for the petitioners submits that he is not pressing this petition so far as it relates to the quashment of the FIR is concerned. He, however, submits that petitioner no. 1, Neha Patel, daughter of respondent no. 3, is a major girl above 18 years of age and she has performed marriage of her free will with petitioner no.2 Krishna Kumar Gupta @ Kanhaiya Gupta, on 2.8.2019 and the couple is living happily. The petitioner nos. 3 and 4 are father and mother of petitioner no.2. It has been submitted that even as per the FIR, age of Neha Patel is 18 years and likewise, as per High School Certificate, she is major. He submits that even if the entire case is taken as it is, there is every likelihood that the police may not file charge sheet against the petitioners. He further submits that as the petitioner no. 2 has performed marriage with the daughter of respondent no. 3 against her wishes, for the moment respondent no. 3 may be annoyed with the petitioner no. 2 but there is every possibility that in near future, the dispute would be resolved amicably. Lastly, he submits that till the investigation is completed, petitioners be protected.
On the other hand, learned A.G.A. opposes the petition.
Considering the peculiar facts and circumstances of the case, in particular, the fact that the daughter of respondent no. 3 is a major girl, has performed marriage with the petitioner no. 2 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 :- 22.8.2019 A. Tripathi/T.S.