Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22064 of 2019 Petitioner :- Sonam And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the petitioners and Sri I.P. S. Rajpoot learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 12.9.2019 in Case Crime No.
412 of 2019, under Sections 363, 366 and 506 IPC, P.S. Bilari, District- Moradabad.
It is submitted by learned counsel for the petitioners that it is a joint petition on behalf of the petitioners. Petitioner nos. 1 and 2 who claim themselves to be a married couple. Learned counsel for the petitioners further submits that as per F.I.R. petitioner no. 1 is aged about 17 years but as per High School Certificate date of birth of petitioner no. 1 is 1.1.2000, therefore, she is major. The documents are in the possession of the parents, therefore, the petitioners are unable to file the same. Petitioner no.1 has contracted marriage with petitioner no. 2, of their own accord, are living together as husband and wife, the other petitioners are close relatives of petitioner no. 2, no offences are made out, F.I.R. be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
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 their cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 27.9.2019 A. Pt. Singh