Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16952 of 2019 Petitioner :- Vishal Kumar And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitish Kumar Pandey,Onkar Nath Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State-respondent.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 12.6.2019 in respect of Crime No. 0205 of 2019 for the offence under Sections 366, 506, 120-B of IPC, P.S. Nukar, District Saharanpur.
Learned counsel for the petitioners submits that he is not pressing this petition so far as it relates to quashment of the FIR. However, direction may be issued to the State not to take any coercive steps against the petitioners till filing of charge sheet. It has been pointed out that petitioner no. 1 Vishal Kumar and petitioner no. 6 Smt. Priyanka have performed marriage and as per the document, age of the petitioner no. 6 is about 21 years. It has been further argued that as the matter relates to the marriage of petitioner nos. 1 and 6 there is every possibility of amicable settlement between the parties. It has been pointed out that interim order is already operating in favour of the petitioners.
Learned A.G.A. has no objection to this proposition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
Order Date :- 26.8.2019 Mohit/Ravi