Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 37006 of 2018 Petitioner :- Ruksar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prakash Patel Counsel for Respondent :- G.A.,Mohd Aadil Siddiqui
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Order on Criminal Misc. Application No. 3 of 2018 Heard Sri Ram Prakash Patel, learned counsel for the petitioner, Sri Mohd. Aadil Siddiqui for the complainant and Sri Amit Sinha, learned A.G.A. for the State-respondents 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 petitioners is permitted to carry out the necessary amendment in the Court itself.
Office to re-register the name accordingly showing the correct name of the parties.
Order on Petition.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 08.12.2018 in respect of Case Crime No. 834 of 2018 for the offence under Sections 363, 366 of I.P.C., P.S. Swar, District Rampur.
Learned counsel for the petitioner submits that the petitioner has performed marriage with Farhana and as per Aadhaar Card of Farhana, she is major. He submits that as the report has been lodged by the brother of Farhana, i.e. respondent no. 4, the police is unnecessarily harassing the petitioner. He further submits that protection has already been granted to the couple by this Court.
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 petitioner, 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 :- 20.12.2018 RK