Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24515 of 2018 Petitioner :- Renu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 petitioners with a prayer to quash the F.I.R. dated 16.07.2018 registered as case crime no.0102 of 2018 under sections 376, 342, 506 I.P.C. and 3/4 POCSO Act, 3 (2) (5) SC/ST Act, PS. Sikariganj, District Gorakhpur.
Learned counsel for the petitioners submit that the victim who is petitioner no.1 has voluntarily married petitioner no.2 and it is stated that the FIR was lodged at the instance of Village Pradhan by respondent no.4 who happens to be father of the victim girl. Both the petitioners are major and are living together.
Learned A.G.A. opposed the prayer for quashing and submits that as per the Adhar Card of the victim, she is aged about 16 years and also working in MNREGA.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Madhurima