Hon'ble Manish Mathur,J.
The case is taken up through video conferencing.
Heard learned counsel for petitioners, learned A.G.A. on behalf of the State and perused the record.
Issue notice to opposite party no.4, returnable at an early date.
By means of present writ petition, the petitioners has prayed for quashing of impugned First Information Report dated 14.02.2021 lodged at Case Crime No.64 of 2021, under Section 366 IPC , P.S. Gosainganj, District Lucknow.
Learned counsel for petitioners submits that the petitioners are major and have married with their own free will as per Hindu Rites and Rituals. In this regard, reliance has been placed on the marriage certificate, a copy of which has been annexed as Annexure No.3 to the writ petition.
After marriage, they are enjoying and living peaceful matrimonial life. Due to the said fact, opposite party no. 4 is annoyed with them and lodged the impugned FIR only in order to disturb their peaceful married life. So, the arrest in pursuance of impugned F.I.R. may be stayed.
After hearing learned counsel for the parties and going through the records, without expressing any opinion on merits of the matter, prima faice, the submission made by learned counsel for the petitioners appears to be correct, as such, till the next date of listing or till the filling of the police report under section 173 (2) Cr.P.C. whichever is earlier, petitioner Nos.1, 3 and 4 shall not be arrested in pursuance of aforesaid impugned F.I.R. However, the petitioners will co-operate with the investigation.
Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List thereafter.
Order Date :- 10.5.2021 Subodh/-