Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4663 of 2018 Petitioner :- Shehnaz Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sundeep Shukla Counsel for Respondent :- G.A.,Mohd Aadil Siddiqui
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Sundeep Shukla, learned counsel for the petitioner, Sri Mohd. Aadil Siddiqui, learned counsel for the caveator, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 17.1.2018 registered as Case Crime No 43 of 2018, under Sections 363, 120B, 376D, 368 I.P.C. and 3/4 POCSO Act, Police Station Jani, District Meerut.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only on the basis of suspicion. He further submits that petitioner is mother of the co-accused Gulbahar, against whom allegation of enticing away the victim girl has been levelled and subsequently statement of the victim under Section 164 Cr.P.C. has been recorded in which it is alleged that the petitioner has facilitated the co-accused for enticing away the victim girl. He next argued that the victim has eloped from her house after taking cash and jeweleries. The co-accused Gulbahar is already confined in jail. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but she shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Let a copy of this order be given to the learned counsel for the petitioner within 24 hours on payment of usual charges.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018/NS