Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2233 of 2021 Petitioner :- Neha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Pramod Kumar Dwivedi for the petitioners and Sri H.M.B. Sinha for the State through video conferencing.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 12.12.2020 in respect of Crime No. 0511 of 2020 for the offence under Sections 363, 366 I.P.C., P.S. Sadabad Kotwali, District Hathras.
Learned counsel for the petitioners submits that though in the FIR, petitioner no. 1 has been shown minor but on the date of performing marriage i.e. 10.02.2021, the couple was major. He further submits that even as per high school certificate, the girl is major. He submits that both the petitioners are major and have performed marriage of their own free will and they have every right to live happy married life without any hindrance being created by respondent no. 4 or any other person. He further submits that there are chances of amicable settlement between the parties, however, if any of the petitioners is arrested, chances of amicable settlement would be bleak.
On the other hand State counsel opposes. Matter requires consideration.
Issue notice to respondent no. 4. Notices be made returnable within five weeks. Steps within a week.
Considering the facts and circumstances of the case, protection from arrest to petitioner no. 2 is granted till the next date of hearing.
It is made clear that investigation shall go on and the petitioners shall cooperate in the investigation. Non cooperation of the petitioners in the investigation may give reason to the State to file application seeking vacation of the interim order.
List this case in the second week of September 2021.
As interim order is being granted in favour of the petitioners, all endeavor would be made to decide the case finally on the next date and further adjournment may not be granted as a mater of right.
Failure in taking steps shall lead to an automatic vacation of the interim order without further reference to this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 SK