Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20100 of 2019 Petitioner :- Smt. Pinki And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar,Maohammd Nadeem Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ashish Kumar, learned counsel for the petitioners, Sri Qamrul Hasan, learned counsel for the respondent no.2 and Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 18.9.2015 registered as case crime no.599 of 2015 under sections 363 and 366 I.P.C. and 3(1) (10) SC/ST Act, police station Kotwali Gursahaiganj, District Kannuaj.
Though an FIR was registered against the petitioners under sections 363 and 366 I.P.C. but the same has also been lodged under Section 3(1)(10) SC/ST Act. In view of the provisions under Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989, the provisions of Section 438 of Code of Criminal Procedure does not apply to persons committing an offence under the said Act. Hence the Court proceeds to hear the matter.
Learned counsel for the petitioner submits that though the FIR is of the year 2015 but the petitioner no.1 has eloped with petitioner no.2 and they are living together and the respondent no.3 who is the mother of the victim has no objection if the FIR is quashed. It is next submitted by him that as per the medical report the petitioner no.1 appears to be major.
Learned counsel for the respondent no.2 as well as learned A.G.A. have opposed the prayer for quashing but they have admitted the aforesaid fact.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019/Neeraj