Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20577 of 2019 Petitioner :- Vishal Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashank Tripathi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Shashank Tripathi, learned counsel for the petitioners and Sri Gaurav Pratap Singh, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 11.05.2019 in respect of Crime No. 129 of 2019 for the offence under Sections 363, 366 I.P.C., P.S. Govind Nagar, District Kanpur Nagar.
Learned counsel for the petitioners submits that as per birth certificate issued by Government of U.P., petitioner no. 2 is major and on 21.06.2019, she performed marriage with petitioner no. 1. Being dissatisfied with the said marriage, respondent no. 4, mother of petitioner no. 2 filed the FIR against petitioner no. 1 and two others under Sections 363, 366 of I.P.C. Learned counsel submits that subsequent to filing of FIR, the respondent no. 4 has reconciled and has accepted the marriage of the petitioners. She has also moved an application for withdrawal of FIR but nothing has been done. It has been argued that respondent no. 4 is present before this Court and she is no more interested to prosecute the case against the petitioner no. 1.
Learned counsel for respondent no. 4 submits that respondent no. 4 has now given consent for the marriage of the petitioner no. 2.
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.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 26.8.2019 SK