Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15991 of 2019 Petitioner :- Sajiya And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Sri Vikas Dwivedi, Advocate has filed his power on behalf of respondent no.3 which is taken on record.
Heard Sri Meraj Ahmad Khan, learned counsel for the petitioners, Sri Vikas Dwivedi, learned counsel for the respondent no.3 and Ms. Archana Singh, 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 with the prayer to quash the F.I.R. dated7.5.2019, registered as Case Crime No.187 of 2019, u/s 363, 366 IPC, P.S. Dibai, district Bulandshahar.
Learned counsel for the petitioners submits that the as per medical report the victim is a major girl aged about 20 years. The petitioner petitioner no.1 and 2 have solemnized their marriage on 12.5.2019. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned counsel for the respondent no.3 opposed the prayer for quashing and submitted that as per class 4th mark sheet, the victim is a minor girl.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Gaurav