Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22075 of 2019 Petitioner :- Sweta Gupta And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardhan Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Janardhan Yadav, learned counsel for the petitioners and the 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 11.10.2018, Case Crime No. 0184 of 2018, under Sections 363, 366, 504, 506 I.P.C. & 7/8 of POCSO Act, Police Station-Ubhaon, District Ballia.
The contention of the learned counsel for the petitioners is that it is a joint petition on behalf of the petitioners, who claim themselves to be a married couple. He further submitted that victim / petitioner no. 1 is an adult as per High School Mark-sheet / Certificate her date of birth is 09.04.2001, she voluntarily solemnized marriage with petitioner no. 2 (Vishal Kanojiya) on 20.04.2019, are living together without any coercion, petitioners no. 3 & 4 are close relatives of petitioner no. 2, no offence is made out, F.I.R. be quashed.
From the perusal of the FIR, it appears that on the basis of allegation made therein, prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
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 Vibha Singh