Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 23015 of 2018 Petitioner :- Shahjadi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jamaluddin Mohd. Nasir Counsel for Respondent :- G.A.,Ashish Kumar,Swati Agarwal
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, Smt Swati Agarwal, learned counsel for the respondent no.3 and learned AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 13.8.2018, lodged in Case Crime No. 348 of 2018, under Sections 366, 506 I.P.C., Police Station- Mirapur, District-Muzaffar Nagar, so far it relates to the petitioners.
Learned counsel for the petitioners contends that petitioner no.1 is major as per her Aadhar Card, copy of which has been annexed as page-37 to the writ petition and as well as transfer certificate, copy of which has been annexed as annexure-2 to the writ petition and had married the petitioner no.2 out of love and affection and as the respondent no.3 was not happy with the aforesaid marriage, present criminal proceedings has been initiated against the petitioners.
Smt. Swati Agarwal, learned counsel for the respondent no.3 states that bare perusal of the transfer certificate of the petitioner no.1 which demonstrates that date of birth mentioned in the said certificate was 1.1.1999 and date of admission was 1.1.2000 which itself falsify the prosecution story.
Learned AGA may file counter affidavit within 10 days.
It is directed that the victim-petitioner no.1 shall present herself before the Chief Medical Officer, concerned, for ossification test for verification of her age within ten days from today and Chief Medical Officer, concerned, shall send her medical report to this Court under sealed cover by the next date of listing.
Put up/list on 7th September, 2018.
Till the next date of listing or till the submission of police report under Section 173(2) whichever is earlier, the petitioners shall not be arrested pursuant to the impugned FIR lodged in the aforesaid case crime.
Order Date :- 23.8.2018 Junaid