Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20573 of 2019 Petitioner :- Santosh And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Sanjay Singh, learned counsel for the petitioners and Sri Pawan Shukla, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 23.07.2019 in respect of Crime No. 0149 of 2019 for the offence under Sections 363, 366 I.P.C., P.S. Shergarh, District Bareilly.
After arguing for some time, learned counsel for the petitioners wants to withdraw this petition so far as it relates to quashment of FIR is concerned. He, however, submits that pursuant to a direction given by this Court, age of petitioner no. 1 has been determined by the radiologist as 19 years. It has been argued that the entire family has been falsely implicated for various offences. He further submits that the marriage of petitioner nos. 1 & 2 has also got registered. Learned counsel submits that looking to the allegations levelled against the petitioners and the fact that petitioner no. 1 and 2 have also performed marriage, there is every possibility of matter being resolved by the parties amicably.
On the other hand State counsel opposes the petition.
Considering the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings. Petition so far as it relates quashment of FIR is concerned is dismissed as withdrawn.
However, in the peculiar facts and circumstances of the case, it is directed 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 :- 26.8.2019/SK