Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19873 of 2018 Petitioner :- Ram Singh Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bakhteyar Yusuf,Santosh Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bakhteyar Yusuf, learned counsel for the petitioner, Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 7.6.2018, registered as Case Crime No.254 of 2018, u/s 376, 323, 504 IPC and 3(2)(Va) SC/ST Act, P.S. Mau Aima, district Allahabad.
Learned counsel for the petitioner submits that the petitioner had married respondent no.4 against the wishes of her parents and the said marriage was registered for which FIR was lodged by her parents u/s 363, 366 IPC as Case Crime No.277 of 2017 which was challenged by the petitioners in Criminal Misc. Writ Petition No.16905 of 2017 in which their arrest was stayed on 23.8.2017. Thereafter statement of the victim was recorded u/s 164 Cr.P.C. in which she did not depose against the petitioner and when she came into contact with her parents, she lodged present FIR against the petitioner.
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 petitioner 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 :- 25.7.2018 Gaurav