Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 20875 of 2019 Petitioner :- Smt. Prerana Alias Shivani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sharad Kumar, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 27.07.2019, Case Crime No. 0566 of 2019, under Section 366 I.P.C., Police Station-Kotwali, District Mathura.
It is submitted by learned counsel for the petitioners that it is a joint petition on behalf of the petitioners no. 1 & 2, who claim themselves to be a married couple, petitioner no. 1 / wife is major as per High School Certificate / Mark-sheet, wherein her date of birth is recorded as 22.06.2000, have contracted marriage with petitioner no. 2, of their own accord, are living together as husband and wife without any coercion, no offences are made out, F.I.R. be quashed.
Per contra, the learned A.G.A has opposed the submission.
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 cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 26.9.2019 Vibha Singh