Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16221 of 2019 Petitioner :- Sanjay @ Sanjeev And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Dubey Counsel for Respondent :- G.A.,Rajesh Kumar Mishra
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rajnish Dubey, learned counsel for the petitioners, Sri Om Prakash-I, 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 09.05.2019 registered as case crime no. 102 of 2019 under section 366 I.P.C., police station Kadar Chauk, District Badaun.
It is argued by the learned counsel for the petitioners that the petitioner no. 1 has married petitioner no. 2, regarding which an FIR has been lodged by the father of the petitioner no. 2 under section 366 IPC. The said marriage has been solemnized at Arya Samaj Mandir, Lakhvaya, Meerut and the certificate of the same has been annexed at page 18 of the petition. As per FIR itself, the petitioner no. 2 is a major girl.
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. but they shall co- operate with the investigation of the case.
With the above direction this petition is finally disposed of. (Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 AU