Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16697 of 2019 Petitioner :- Sanoj And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Gupta,Pankaj Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Pankaj Kumar Rai, learned counsel for the petitioners, Sri Irshad Hussain, 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 petitioner with a prayer to quash the F.I.R. dated 29.4.2019 registered as case crime no. 0214 of 2019 under sections 363 & 366 I.P.C., police station Gulariha, District Gorakhpur.
Learned counsel for the petitioner submits that as per medical report victim is aged about 18 years but the same could not be made available. It is further submitted that as per statement of the victim under Section 164 Cr.P.C. it is stated that she has voluntarily left her house and married petitioner no.1, copy of the statement is produced as Annexure No.3 to the petition. It is further submitted that the petitioner nos.2 and 3 are the parents of petitioner no.1. It is lastly submitted that at present the victim girl is residing at Asha Jyoti Kendra and petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Deepika