Hon'ble Mrs. Manju Rani Chauhan,J.
Sri A.B. Pandey, learned counsel for the petitioners and Sri Gaurav Pratap Singh, learned counsel for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 23.12.2020 in respect of Crime No.1106 of 2020 for the offence under Sections 364, 506 of IPC and Section 17/18 of Protection of Children from Sexual Offences Act, 2012, Police Station Baraut, District Baghpat.
Counsel for the petitioners submits that earlier a report was lodged against petitioner no.2 under Section 363 of IPC in which he was granted bail but soon thereafter, another report has been lodged under Sections 364, 506 of IPC and Section 17/18 of Protection of Children from Sexual Offences Act, 2012. He submits that once petitioner no.2 has been granted bail in the earlier offence, the same can also be extended to him in this case. In relation to petitioner nos. 3 and 4, it has been argued that they being relatives, just have helped petitioner no.2 in solemnizing the marriage with petitioner no.1. It has been argued that even medical report of petitioner no.1 suggests her to be major. It has also been argued that as per school document of petitioner no.1, her age comes to between 17 and 18 years of age. He submits that petitioner nos. 1 and 2 have performed marriage on 27.8.2020 and they have every right to live a happy married life. Lastly, he submits that no useful purpose would be served in arresting the petitioner no.2 again and then releasing him on bail.
On instructions, learned counsel submits that he may be permitted to withdraw this petition with liberty to file anticipatory bail application before the competent court on behalf of petitioner nos. 2 to 4. He, however, submits that direction be issued to the said court to decide the anticipatory bail application expeditiously, considering all the aspects of the case including the background of the case and further considering the fact that petitioner no.2 has already remained in jail.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the competent court to decide the anticipatory bail application in accordance with law.
The petition is dismissed as withdrawn, permitting the petitioners 2 to 4 to file anticipatory bail application before the competent court.
Needless to state that in the eventuality of filing any such application by the petitioners 2 to 4 before the competent court, the said court shall decide the same expeditiously, considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to decide the anticipatory bail application in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall made a declaration of such verification in writing.
Order Date :- 16.8.2021 RK