Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 24445 of 2019 Petitioner :- Nisha Khanam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
The present petition has been filed with the prayer to quash the F.I.R. dated 21.11.2019, in Case Crime No. 555 of 2019, under section 363, 366, 368 IPC, P.S. Mawana, District Meerut.
The petitioner no. 1 is the daughter of informant-opposite party no. 4 and petitioner nos. 2 and 3 are brother and sister-in-law of the deponent, who stated to have performed marriage with the petitioner no. 1 on 17.11.2019. The petitioner no. 4 is the witness of the marriage of petitioner no. 1 with the deponent.
It is contended that the petitioner no. 1 is a major girl and she had performed marriage out of her own freewill. The report that she was enticed away by the petitioner nos. 2 and 3 is based on false allegations. It is contended that the petitioner no. 1 is high school passed but her original educational certificates are lying in her parental house. She has filed the mark-sheet of Class-XII to show that she had passed the Class-XII in the year 2014. A copy of Nikahnama has been brought on record. The application moved for registration of the marriage is also on record.
Looking to the averments in the writ petition, though we do not find any good ground for quashing of the FIR, but it is directed that the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not make any effort to influence any witness.
The writ petition is disposed of accordingly.
Lastly, it is intimated by learned counsel for the petitioners that parents and other family members of the girl are standing outside the Court and they are trying to harass her and she has apprehension that they would forcibly take her away.
The Registrar General of this Court is, therefore, directed to arrange for the safe transportation of the petitioners to the Railway Station in consultation with the Superintendent of Police, Allahabad, who shall see that no untoward incident occur with the girl and other petitioners.
This order shall be intimated by the learned counsel for the petitioners to the Registrar General, Allahabad High Court.
Order Date :- 28.11.2019 Bhanu