Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21892 of 2019 Petitioner :- Parul And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujata Choudhary,Mohit Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Mohit Kumar Singh, learned counsel for the petitioner and Shri I.P.S.Rajpoot, the 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 17.9.2019 registered as Case Crime No.622 of 2019, under section 366 I.P.C. PS. Partappur, District Meerut.
Learned counsel for the petitioners submits that it is a joint petition on behalf of petitioner no. 1 and 2 who are claiming themselves to be a married couple and living together of their own free will. As per High School Certificate date of birth of the petitioner No.1/wife is 7.1.1995. The other petitioners are close relative of petitioner No. .Petitioners are innocent and has been falsely implicated in the present case, no offence is made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
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 :- 26.9.2019 Rk