Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 20979 of 2017 Petitioner :- Smt. Sapna And 4 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ramanuj Tripathi Counsel for Respondent :- G.A.,A.C. Srivastava,B.B. Singh,Satya Prakash Singh
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 & 3 and perused the record. No one appeared for the respondent no. 4 even in revised call.
The instant petition seeks quashing of the first information report dated 19.09.2017 registered as Case Crime No.481 of 2017, under Sections 363 & 366 I.P.C., Police Station Anoop Shahar, District Bulandshahar.
The impugned F.I.R. has been lodged by father of the victim, Sapna. In the F.I.R. it is alleged that the victim, Sapna, who is aged about 17 years, has been enticed away by the accused with the help of his family members.
The victim, Sapna, alongwith the accused have jointly filed this petition by claiming that the victim is an adult and she has voluntarily entered into a relationship with the petitioner no. 2, Pawan Kumar, and that no force has been used upon her and therefore, the F.I.R. is liable to be quashed.
It appears that a dispute was raised by the informant as regards the claim of the petitioners that the petitioner no. 1 has attained majority.
After considering the submissions of the learned counsel for the parties, on 20.11.2017, the Court had passed protection order.
Now, as during the pendecy of the petition, the victim has already attained majority, keeping in mind that the age of the victim is in dispute and would have to be determined on the basis of the evidence led in trial with reference to the date of the incident, we deem it appropriate to dispose off this petition by observing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
The petition stands disposed off. Order Date :- 29.4.2019 Vibha Singh