Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36995
of 2018
Petitioner :- Sanjeet Singh and 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Prakash Tiwari Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Order on Criminal Misc. Application No. 3 of 2018 Heard Sri Indra Prakash Tiwari, learned counsel for the petitioners, Sri Atul Kumar Singh 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 petitioners seeking quashment of FIR dated 08.12.2018 in respect of Case Crime No. 1036 of 2018 for the offence under Sections 363, 366 of I.P.C., P.S. Rasoolpur, District Firozabad.
Learned counsel for the petitioners submits that the petitioner no. 1 Sanjeet Singh has performed marriage with Uma, daughter of respondent no. 3 and the couple is living happily. He submits that as per Aadhaar Card of Uma, she is a major. It has been further argued that as the report has been lodged by respondent no.3, the entire family including lady members are being harassed and if they are arrested, they will suffer irreparable loss.
Petitioner no. 1 Sanjeet Singh and his wife Uma are also present. Smt. Uma states that she wants to live with her husband and may not be compelled to live with her parents.
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 petitioners, 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 petitioners 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 petitioners cooperate in the investigation
Order Date :- 20.12.2018 RK