Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14002 of 2018 Petitioner :- Prateek Rai @ Bholu And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Furquan Ahmad (Alvi) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri F.A. Alvi, learned counsel for the petitioners, Sri Prabhash Pandey learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 28.2.2018, registered as Case Crime No.60 of 2018, u/s 366, 120-B IPC, P.S. Jahanaganj, district Azamgarh.
Learned counsel for the petitioners submits that the petitioner no.2 who is the sister of respondent no.4 is a major girl as per FIR itself. She has eloped with the petitioner no.1 and living with him. The statement of petitioner no.2 is in favour of petitioner no.1, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 Gaurav