Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8006 of 2021 Petitioner :- Smt. Shila Tiwari @ Shalu Tiwari And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashpal Yadav Counsel for Respondent :- G.A.,Hari Narayan Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The petitioners herein seek for quashing of the First Information Report dated 26.2.2021 registered as Case Crime No. 378 of 2021, under Sections 366/ 504 I.P.C. Police Station - Rasoolabad Kanpur, District -Kanpur Dehat.
Placing High School mark sheet of the victim girl, Shila Tiwari @ Shalu Tiwari (petitioner no. 1) at page-'25' of the paper book, it is submitted by the learned counsel for the petitioners that the victim girl is a major girl. Moreover, the present victim has joined the other petitioners to file the present writ petition asserting that she had married with petitioner no. 5, Sandeep Kumar s/o Surendra Katheria out of her own sweet will and there is no force or coercion her and they are living happily as a married couple.
The present petition has been filed with the declaration by the counsel whose vakalatnama has been signed by the victim girl.
Be that as it may, considering the age of the victim girl, as shown in the High School certificate appended at page-'25' of the paper book, we only provide that the petitioners shall not be arrested by the Investigating Officer till submission of the police report under Section 173(2) Cr.P.C. They shall, however, be under obligation to cooperate with the Investigating Officer. In case of any effort of the petitioners to avoid or stall the investigation, it would be open for the Investigating Officer to proceed strictly in accordance with law to bring the investigation to its logical conclusion.
The writ petition is, accordingly, disposed of.
Order Date :- 30.9.2021 Gss