Nitin and Another Vs State of U.P. and 2 Others

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 1433 of 2020

Petitioner :- Nitin And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Parmeshwar Kr. Chaudhary,Swarn Lata Suman Counsel for Respondent :- G.A.,Lokesh Kumar,Mahvish Zehra

¶4

Hon'ble Pritinker Diwaker,J. Hon'ble Shekhar Kumar Yadav,J.

¶5

Heard Sri P K Chaudhary, learned counsel for the petitioners and Sri R L Dwivedi, learned AGA for the State.

¶6

This writ petition has been filed by the petitioners, seeking quashment of FIR dated 30.11.2019 in respect of Crime No.494 of 2019 for the offence under Sections 366 and 368 of IPC, P.S. Mansoorpur, District Muzaffar Nagar.

¶7

Learned counsel for the petitioners submits that as per FIR itself, age of petitioner no.2 is more than 18 years and even as per High School Certificate, she is a major girl. He further submits that petitioners 1 and 2 have performed marriage on 6.1.2020 and they are living happy married life.

¶8

Learned A.G.A. opposes the petition.

¶9

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.

¶10

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.

¶11

It is made clear that this order would remain effective till the petitioners cooperate in the investigation.

¶12

Order Date :- 28.1.2020 RKK/-

Nitin and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Nitin and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naveen Kumar and 5 Others Vs State of U.P. and 2 Others

Om Narayan Tiwari Vs State of U.P. and 3 Others

Ishika Ali and Another Vs State of U.P. and 3 Others

Shamshad and Another Vs State of U.P. and 2 Others

Anil Ahwan Vs State of U.P. and 2 Others

Ruchi Dwivedi and Another Vs State of U.P. and 2 Others