Court No. - 20 Case :- MISC. BENCH No. - 6553 of 2010 Petitioner :- Parvej Khan & Others Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Shiv Pramod Tiwari,Vikas Pandey Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners, learned A.G.A and perused the
documents available on record.
This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned FIR registered at case crime 325 of
2010, under Section 366 I.P.C., Police Station Dostpur, District Sultanpur and
also for direction to the opposite parties not to arrest the petitioners in
pursuance to the said impugned FIR.
The submission of learned counsel for the petitioners is that Nazis Bano and
petitioner No.1 Parvej Khan being major entered into marriage on 30.06.2010.
Since then they are living together as husband and wife. As per school leaving
certificate, the date of birth of Nazis Bano is 02.03.1992. She being major is
free to marry any person she likes in view of the law laid down by the Hon’ble
Apex Court in the case of Lata Singh Vs. State of U.P. & Anr.) reported in
2006 (5) ALJ 357. Therefore, no offence under Section 366 I.P.C. is made out
against the petitioners. They, therefore, deserve interim protection during
investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioners and learned
A.G.A.
Issue notice to opposite party No. 4 to file counter affidavit within four weeks.
Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing or till filing of the charge sheet, which ever is
earlier, the petitioners shall not be arrested in the above mentioned case crime
number by the Investigating Officer, subject to their cooperation in the
investigation which will go on.
Order Date :- 15.7.2010
Renu