Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16057 of 2019 Petitioner :- Sachin And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kshatresh Kumar Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Kshatresh Kumar, learned counsel for the petitioners, Sri Vinod Kumar Pandey, 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 21.05.2019 registered as case crime no. 0335 of 2019, under section 364 I.P.C., police station- Sadar Bazar, District- Saharanpur.
It is argued by learned counsel for the petitioners that proforma petitioner no. 4 Smt. Priya is major as her date of birth is recorded as 09.09.1994 in her high school certificate which is annexed as Annexure no.2 to the petition. Learned counsel for the appellants has further submitted that the proforma-petitioner has married accused-petitioner no. 1, marriage certificate is attached with this petition as Annexure no. 3. He has further submitted that the petitioner no. 2 and 3 are the parents of petitioner no. 1 and all of them have been falsely implicated in the present case.
Learned A.G.A. opposed the prayer for quashing the FIR.
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. provided they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)