Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 25521 of 2019 Petitioner :- Sarika Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard the learned counsel for the petitioners, learned counsel Shri S.G.S. Chauhan who has put in appearance for the respondent no.4 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 6.9.2019 registered as Case Crime No.306 of 2019, under Section 366 IPC, P.S. Maharajpur, District Kanpur Nagar.
Learned counsel for the petitioners has identified the petitioners, namely, Sarika Devi and Shiv Mohan, who are present before this Court. It is submitted that the petitioner no.1, who is major has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence according to Hindu Customs & Rites. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report lodged by the respondent no.4 who is the father of the petitioner no.1. Both the petitioners are leading happy marital life, as such the petitioner no.2 has not committed any offence. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned counsel for the respondent no.4 has contended that the respondent no.4 does not incline to prosecute the petitioner no.2. In this regard he has filed his own affidavit, as such appropriate order may be passed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner no.2, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioner no.2 shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 16.12.2019 M. Tariq