Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16486 of 2019 Petitioner :- Punit Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Sanjay Srivastava, learned counsel for the petitioners, Sri Irshad Hussain, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1, 2 and 3.
Issue notice to the opposite party no. 4.
Each of the respondent is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
List after six weeks.
Learned counsel for the petitioners submits that petitioner no. 1 and 2 are major as per high school certificate and they have also solemnized their marriage according to Hindu customs on 20.5.2019. He further contended that once they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, that, offence has been committed under Sections 363 I.P.C., cannot be approved of.
Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 29.5.2019, registered as Case Crime No. 441 of 2019 of 2017, u/s 363 IPC, police station Kankerkheda,, District Meerut no coercive action be taken against the petitioners.
It is made clear that if the petitioners do not take steps to serve notice to respondent no. 4 within two weeks' from today, the interim protection granted above shall automatically vacated and this petition shall stand dismissed without further reference to any other Bench of this Court.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Deepika