Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37984 of 2018 Petitioner :- Shiv Pratp Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Sachan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Rajesh Kumar Sachan, learned counsel for the petitioner, Sri Irshad Hussain, 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 by the petitioner with a prayer to quash the F.I.R. dated 10.10.2018 registered as case crime no. 0221 of 2018 under sections 363, 366 IPC, police station Chaubeypur, District Kanpur Nagar.
Learned counsel for the petitioner submits that the victim/prosecutrix eloped with the petitioner and though she was major, as per her High School certificate, there were differences in her date of birth, hence, on the basis of Transfer Certificate, she has been sent to Nari Niketan under the orders of the Magistrate where she is presently confined. It is further submitted that even in her statement u/s. 164 Cr.P.C, she has deposed in favour of the petitioner and the present FIR has been lodged by the mother of the prosecutrix just to harass the petitioner.
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 petitioner.
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 submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018/Madhurima