Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22156 of 2019 Petitioner :- Sunil Singh @ Sunil Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Om Vikram Singh Chauhan,Shiv Om Vikram Singh Chauhan Counsel for Respondent :- G.A.,Lal Mani Singh Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri SOVS Chauhan, learned counsel for the petitioners, Shri L.M.Singh for the informant and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 16.8.2019 in case crime No. 375 of 2019, under Sections 366,323,504,506 IPC, P.S.Phaphund, District Auraiya.
It is a joint petition on behalf of petitioner nos. 1 and 2 who are claiming themselves to be a married couple living together of their own free will, FIR itself alleged the age of petitioner no.2/victim as 19 years, petitioners No. 3 and 4 are close relatives of petitioner No. 1, petitioners are innocent, no offence is made out, FIR be quashed.
Learned A.G.A, and learned counsel for the informant have opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 30.9.2019 RS