Liaqat Ali & Another vs State Of U.P. Thru. Secy. Deptt. Of ...
2017 Latest Caselaw 2545 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15843 of 2017
 
Petitioner :- Liaqat Ali & Another
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Govt. Of U.P. & Ors
 
Counsel for Petitioner :- Jitendra Singh,Sarojani Misra
 
Counsel for Respondent :- Govt. Advocate,Bhanu Dutt Dwivedi
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Sri B.D.Dwivedi, learned counsel for respondent no.5 has filed a counter affidavit today in Court, which is taken on record.

Heard Sri Jitendra Singh, learned counsel for the petitioners, Sri B.D.Dwivedi, learned counsel for the respondent no.5, Sri G.D.Bhatt, 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 27.6.2017 registered as Case Crime No.723 of 2017 under Sections 363, 366 I.P.C., Police Station Visheshvar Ganj, District Baharaich.

Learned counsel for the petitioners submits that as per the High School Certificate, the victim petitioner no.2 is more than 16 years of age. There was love affair between petitioner nos. 1 and 2 and petitioner no.2 has voluntarily eloped with petitioner no.1 and they both have performed their marriage as per the Muslim Rites on 19.6.2017, a copy of their marriage certificate is annexed as Annexure-2 to the writ petition. He further submits that petitioner no.2, who is victim of case, is living with petitioner no.1 as on date. No offence is made out against the petitioners, hence, FIR be quashed.

Learned counsel for respondent no.5 and learned A.G.A. opposed the prayer for quashing of the FIR and submitted that admittedly victim is a minor girl aged about 16 years of age as per the High School Certificate.

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.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 19.7.2017/NS