Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24231 of 2019 Petitioner :- Nihal Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, learned A.G.A. for respondents No. 1 to 3, Sri Raj Kumar Mishra, learned counsel for respondent No.4 and perused the record.
The instant petition seeks quashing of the first information report dated 1.10.2019, registered as Case Crime No. 267 of 2019, under Sections 363, 366 I.P.C., at P.S. Chandvak, District Jaunpur.
The allegation in the impugned first information report, which has been lodged by the uncle of the victim, is that the victim Arti Devi is aged about 17 years and 9 months and that she has been enticed away by Nihal Yadav (the petitioner) with the help of other unknown persons.
The prayer to quash the first information report has been made by placing reliance on the statement of the victim recorded under Section 164 Cr.P.C. as also on an alleged compromise between the parties that they are now in agreement for relationship in the nature of marriage.
As there is no satisfactory proof as regards the age of the victim and from her statement, recorded under Section 164 Cr.P.C., it appears that she has disclosed her date of birth as 1.1.2002 which suggests that as on date she is a minor, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts of this case, we deem it appropriate to dispose off this petition by providing that the investigation of this case shall continue and brought to its logical conclusion but the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C., provided he cooperates in the investigation.
Order Date :- 28.11.2019 Vandana