Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4739 of 2018 Petitioner :- Sachin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachin Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.K.Sharma, learned counsel for the petitioner, Sri I.P.Srivastava, 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 petitioner with a prayer to quash the FIR dated 7.12.2017 registered as Case Crime No.451 of 2017, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station Dhanari, District Sambhal.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that as per the statement of the victim recorded under Section 164 Cr.P.C., she appears to be a consenting party with the petitioner and she has voluntarily eloped with the petitioner as they were having some relationship and she also solemnized marriage with the petitioner,, copy of which is annexed at page-28 of the writ petition.The said fact has been stated in paragraph 8 of the writ petition. He further submits that at present moment the victim is living at her parents house. No offence is made out against the petitioners, hence, FIR 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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 26.2.2018/NS