Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4626 of 2019 Petitioner :- Reema And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Order on Criminal Misc. Deletion of Name Application No.3 of 2019:
Heard Sri M K Srivastava, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for respondent nos. 1 and 2 on the application.
Application for deleting the name of petitioner no. 1 from the cause title, being not opposed, is allowed.
Learned counsel for the petitioner is permitted to carry out the necessary amendment in the Court itself.
Office to re-register the case, correctly showing the name of the parties.
Order on Writ Petition:
This writ petition has been filed by the petitioner, seeking quashment of FIR dated 12.2.2019 in respect of Crime No.146 of 2019 for the offence under Section 366 of I.P.C., P.S. Baradari, District Bareilly.
Learned counsel for the petitioner submits that petitioner Vikas Rana has already performed marriage with Reema on 11.2.2019 and the couple is living happily. He further submits that as per High School Certificate, Reema is 19 years of age. It has been argued that both Vikas Rana and Reema are major and have every right to live happily without any hindrance being created by respondent no. 3 or any other person.
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 petitioner 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 petitioner cooperates in the investigation.
Order Date :- 25.2.2019 RKK/-