Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22045 of 2019 Petitioner :- Vipendra Alias Vipin And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ajay Kumar learned counsel for the petitioners and Sri A. N. Mulla the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 25.6.2019 in case crime No. 403 of 2019 under Sections 363, 328, 342, 376-D, 506 IPC and Sections 3/4 POCSO Act, P.S. NOIDA Sector 24, District Gautam Budh Nagar.
Learned counsel for the petitioners submitted that it is a joint petition on behalf of petitioner nos. 1 and 2 claiming themselves to be a married couple, living together of their own free will, the FIR itself alleges the age of petitioner No. 2/wife as 17 years which can be probablized as 18 years. 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.
With this direction, this petition is finally disposed of.
Order Date :- 27.9.2019 AS