Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20526 of 2018 Petitioner :- Vartika Mishra And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Singh, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 3.7.2018, registered as case crime No.738 of 2018, under Section 365 I.P.C., P.S. Naini, District Allahabad.
Learned counsel for the petitioners submits that the there was love affair between the petitioner no.1 and petitioner no.2. He further submitted that the victim petitioner no.1, who is daughter of respondent no.6 is a major girl aged about 28 years as per per High School Certificate, copy of which is annexed as Annexure-2 to the writ petition, has voluntarily left the house of respondent no.4 and has performed the marriage with petitioner no.2 at Arya Samaj Chauk Prayag on 21.2.2018 and is living with petitioner no.2, on account of which the impugned FIR has been lodged by respondent no.6 against the petitioner no.2 levelling false and frivolous allegation. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018/NS