Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22030 of 2019 Petitioner :- Shifa Alias Eshurya And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Naresh Kumar Pal Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Naresh Kumar Pal, learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 16.9.2019 in case crime No.0303 of 2019 under Sections 363,366,504.506 IPC, P.S. Bharthana, District Etawah.
Learned counsel for the petitioners submitted that it is a joint petition on behalf of petitioners no. 1 and 2 who are claiming themselves to be a married couple and living together of their own free will, as per High School Certificate date of birth of the petitioner No.1 /wife is 17.11.2000. It is further submitted that parties belong to different religious faith, the other petitioner is close relative of petitioner No.2, petitioners are innocent and has been falsely implicated in the present case, no offence is made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to cooperation during investigation.
With this direction, this petition is finally disposed of.
The S.S.P concerned while providing protection to the petitioners shall bear in mind the G.O. dated 31.8.2019 and 5.9.2019 relating to the petitioner so that no harm is caused to them.
Order Date :- 27.9.2019 RS