Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20696 of 2019 Petitioner :- Sonam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Priya Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Sri Anand Priya Singh, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State-respondent.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 12.05.2019 in respect of Crime No. 104 of 2019 for the offence under Section 366 of I.P.C. P.S. Kopaganj, District Mau.
Learned counsel for the petitioners submits that in the FIR itself, complainant has shown the age of petitioner no. 1, Smt. Sonam as 19 years and likewise as per high school certificate, the date of birth of petitioner no. 1, daughter of respondent no. 3, is 01.05.2000 and hence, she is a major girl aged 19 years and she has already performed marriage with petitioner no. 2, Krishna Kumar of her own sweet will on 01.07.2019 and they are living happily. He submits that there is every likelihood of matter being amicably settled between the parties and, therefore, he is not pressing his petition so far as it relates to quashment of FIR, however, till filing of charge-sheet, some protective order be given to the petitioners.
On the other hand, learned A.G.A. has no objection to this proposition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge-sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 22.8.2019 Anand