Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1330 of 2019 Petitioner :- Pooja And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Order on Amendment Application No. 3 of 2019 Heard Sri Puneet Bhadauria, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the respondent nos. 1 to 3 on amendment application.
Application for deleting the name of petitioner no. 1 from the cause title, being not opposed, is allowed.
Learned counsel for the petitioners is permitted to carry out the necessary amendment in the Court itself.
Office to re-register the name accordingly showing the name of the parties.
Order on Writ Petition This writ petition has been filed by the petitioners seeking quashment of FIR dated 13.01.2019 in respect of Crime No. 0006 of 2019 for the offence under Sections 366 & 368 I.P.C., P.S. Arvakatra, District Auraiya.
Learned counsel for the petitioners submits that petitioner no. 1 Akhilesh Kumar has already performed marriage with Pooja, daughter of respondent no. 4 on 11.01.2019 and the couple is living happily. Both Akhilesh Kumar and Pooja are present in the Court, they are major and have a right to live happily without any hindrance being created by respondent no. 4 or any other person. Learned counsel further submits that even two brothers of Akhilesh have been made accused along with his friend Chandra Shekhar, though they have nothing to do in the present case. Lastly, it has been argued that even accepting the allegations as it is, offence under Sections 366 & 368 of I.P.C. is not made out against them.
On the other hand, learned A.G.A opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 22.1.2019 RK