Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22070 of 2019 Petitioner :- Nidhi Alias Roli Pal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Chand Rai,Laxmi Devi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sharad Chand Rai, learned counsel for the petitioners, and Sri I.P.S. Rajpoot learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 4.10.2018 in Case Crime No. 830 of 2018, under Sections 363, 366, 506 IPC, P.S. Barra, District-Kanpur Nagar.
It is submitted by learned counsel for the petitioners that it is a joint petition by the petitioners The petitioner nos. 1 and 2 claim themselves to be a married couple, petitioner no. 1 / wife contracted marriage with petitioner no. 2, of their own accord, are living together as husband and wife, the other petitioners are close relatives of petitioner no. 2, no offences are made out, F.I.R. be quashed. It has further been submitted that petitioner no. 1 was released after having found to be major vide order dated 23.7.2019 passed by the Special C.J.M., Kanpur Nagar. It has also been submitted by the learned counsel for the petitioners that in her statement the victim has given consent to live with petitioner no.2 and she also has a son aged six months. Learned counsel for the petitioners has also submitted that this petition has been filed to exert pressure upon the petitioners for extracting money.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 27.9.2019 A. Pt. Singh