Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16076 of 2019 Petitioner :- Smt. Reena And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the petitioners and Sri Om Prakash Mishra, 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 by the petitioner with a prayer to quash the F.I.R. dated 30.05.2019 registered as case crime no. 0242 of 2019 under section 366 I.P.C., police station Bhojipura, District Bareilly.
Learned counsel for the petitioners submits that the victim, Km. Reena is major as according to the High School Certificate, her date of birth is recorded as 22.06.1996 which is annexed at page no. 22 of this writ petition, therefore, on the date of occurrence, she was a major girl. It is further stated that petitioner Nos. 1 and 2 married each other and a certificate of marriage in this regard is also annexed at page no. 26 of the Writ Petition.
Learned A.G.A. opposed the prayer for quashing.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 10.6.2019 A. Mandhani