Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22053 of 2019 Petitioner :- Tabi Arya @ Zaiba Parveen And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shanker Yadav,Manish Dev Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Kripa Shanker Yadav learned counsel for the petitioners and Sri Sameer Shanker the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 18.9.2019 in case crime No. 0594 of 2019, under Sections 506, 504 and 366 IPC, P.S. Amroha Nagar, District Amroha.
Learned counsel for the petitioners submits that 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. As per high school certificate, date of birth of the petitioner No. 2/wife is 18.11.1994. Petitioner Nos. 3 and 4 are the close relatives of petitioner No. 2. Petitioners are innocent and have been falsely implicated in the present case, no offences are made out, FIR be quashed.
Per contra, learned A.G.A has 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, 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.
This is an inter-religious marriage of petitioner No. 1 and 2. The S.S.P./S.P. concerned while considering the issue of 'protection to the petitioners' shall bear in mind the Government Order dated 31.8.2019 / 5.9.2019 relating to protection.
Order Date :- 27.9.2019/AS