Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22058 of 2019 Petitioner :- Pinki And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Pankaj Sharma, learned counsel for the petitioners, Sri Shri Ram Pandey, learned counsel for the informant 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 11.5.2019 in Case Crime No.
147 of 2019, under Sections 363, 366 IPC and 3/4 of the POCSO Act, P.S. Sasani Kotwali, District- Hathras.
It is submitted by learned counsel for the petitioners that it is a joint petition on behalf of the the petitioners no. 1 & 2 who claim themselves to be a married couple, petitioner no. 1/ wife is aged about 18 years as per medical certificate, contracted marriage with petitioner no. 2, of their own accord, are living together as husband and wife, no offences are made out, F.I.R. be quashed.
Per contra, the learned A.G.A has opposed the submission.
Learned counsel for the informant submits that as per school leaving certificate victim is minor and the age of the petitioner no. 1 is 11.6.2003.
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