Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4634 of 2018 Petitioner :- Smt. Rozi Khatoon @ Rozida And 4 Ors.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Rana Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Amit Rana, learned counsel for the petitioners,Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 14.2.2018 registered as Case Crime No.56 of 2018, under Sections 323, 342, 452, 366 I.P.C., Police Station Sherkot, District Bijnor.
Learned counsel for the petitioners submits that petitioner no.1 and 2 both are major and they have solemnized their marriage (Nikah) on 25.2.2015, copy of their Nikahnama dated 25.2.2015 is annexed as Annexure-3 to the writ petition and from their wedlock a female child was born who is stated to be aged about two years. He further submits that respondent no.4 is mother-in-law of petitioner no.2 and she has lodged an FIR for kidnapping of victim petitioner no.1, who is wife of petitioner no.2. He further submits that since both the petitioner no.1 and 2 are major, no offence is made out against the petitioner, but the police is harassing the petitioners and their family members, hence, the FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018/NS