Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7702 of 2018 Petitioner :- Smt. Shaheen And 4 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Vijay Singh Sengar,Thakur Prasad Dubey Counsel for Respondent :- G.A.,Om Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Shashi Kant,J.
Heard Sri Ajay Singh Sengar holding brief of SRi Vijay Singh Sengar, learned counsel for the petitioners, Sri Om Prakash, learned counsel for the respondent no.4 and Sri Jitendra Singh, 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 with the prayer to quash the F.I.R. dated 3.3.2018, registered as Case Crime No.64 of 2018, u/s 363, 366 IPC and 16/17 POCSO Act, P.S. Kundarki, district Moradabad.
Learned counsel for the petitioners submits that it is not a case of taking away or enticing away the victim. It is a case of elopement only, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. and learned counsel for the respondent no.4 opposed the prayer for quashing and submitted that the victim is in the custody of her parents as on date.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Shashi Kant, J.) (Ramesh Sinha, J.) Order Date :- 29.3.2018 Gaurav