Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14503 of 2018 Petitioner :- Omkar Bind And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 88 of 2018, under Section- 366 IPC, P.S.- Sakaldiha, district- Chandauli.
It has been submitted by the learned counsel for the petitioners that accused is petitioner no.1 and victim is petitioner no.5 who is a student of B.A.-II year; they have solemnized marriage out of their free will, however, subsequently the family of petitioner no.5 got the girl married to one Suraj Bind but the girl came back to petitioner no.1 as Suraj Bind, as informed to this Court, was interested to marry the younger sister of petitioner no.5.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of Sachin Pawar vs. State of U.P. passed in criminal appeal no. 1142/2013 decided on 2.8.2013, Lata Singh vs State of U.P. and another, reported in 2011(6) SCC 396 (2014) and Shakti Vahini vs Union of India passed in writ petition (civil) no. 231 of 2010, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2018 Radhika