Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 20878 of 2019 Petitioner :- Smt. Nirmala And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- V.K. Agnihotri Counsel for Respondent :- G.A.,Dhirendra Kumar,Lal Mani Singh
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri V.K. Agnihotri, learned counsel for the petitioners and the learned A.G.A.
This this is a joint petition filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 22.3.2019, registered as Case Crime No. 71 of 2019, under section 366 I.P.C, P.S. Usrahar, District Etawah.
Learned counsel for the petitioners submits that the victim / petitioner no.1 is a major, FIR itself alleges the age of the victim to be 21 years, she has solemnized marriage with petitioner no.2 and they are living with each other peacefully of their own free-will, petitioner no.3 is the brother of petitioner no.2, no offence is made out, FIR be quashed.
Learned A.G.A, opposed the submission on the ground that this is second marriage of petitioner no.2.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.9.2019 N.S.Rathour