Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4615 of 2018 Petitioner :- Smt. Soni Alias Soni Bano And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Trivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Sri R.B. Verma, Advocate has filed his power on behalf of respondent no.3 which is taken on record.
Heard Sri S.K Trivedi, learned counsel for the petitioners, Sri R.B. Verma, learned counsel for the respondent no.3 and Sri Jitendra Singh, 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 with the prayer to quash the F.I.R. dated 14.2.2018, registered as Case Crime No.83 of 2018, u/s 363, 366 IPC and 3/4 POCSO ACt, P.S. Kotwali Kannauj, district Kannauj.
Learned counsel for the petitioners submits that the victim has voluntarily eloped with the petitioner no.2 and living with him. From the perusal of the FIR, no offence is made out against the petitioners, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. and learned counsel for the respondent no.3 opposed the prayer for quashing and submitted that as per High School Certificate, the age of the victim is more than seventeen years and she is at the verge of attaining of majority.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Registrar General of the Court shall ensure that petitioner no.1 leaves the premises of the Court safely.
SSP, Allahabad shall ensure that the petitioner no.1 is left to the place of her choice alongwith the persons with whom she came to this Court.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018 Gaurav