Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 16824 of 2020 Petitioner :- Smt Neha And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhay Raj Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 25.10.2020 registered as Crime No.287 of 2020 for the offence under Section 366 IPC, Police Station Vinawar, District Budaun.
It is stated by learned counsel for the petitioner that the petitioners are major. It is further stated that the petitioner no. 1 has willingly married to the petitioner no.2.
The investigation is still going on and the charge sheet has yet not been laid. We are unaware of the factual scenario as of today in the matter.
With all the documents, if the petitioner nos. 2 to 5 move the Court below for being enlarged on bail as it appears that petitioner no.2 has entered into wedlock with petitioner no.1. If the complaint is heard by us, and it would take long time, we relegate the petitioner nos.2 to 5 to the Court below to apply for anticipatory / regular bail which shall be decided within four weeks from the date of its filing. Prima facie, we have ascertained the wish of the girl who stated that they have performed their marriage out of their own sweet will. We are not opining anything further on merits. All these aspects, the Court shall consider and decide the bail application of the petitioner nos. 2 to 5. The Police Authorities shall not coercively deal with the petitioner nos. 2 to 5.
With aforesaid observations, this petition is disposed of.
Order Date :- 7.1.2021/Mukesh