Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10809 of 2010 Petitioner :- Smt. Radha @ Subana Bano & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Yadvendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard and perused the materials on record.
By means of this petition, the petitioners have prayed for quashing the F.I.R.
in case crime no. 130 of 2010 under section 363, 366 IPC P.S. Nichauli Kalan
Distt Etah.
The girl who is arrayed as petitioner No 1 is present in court and she has been
identified by the counsel appearing for the petitioners. In reply to a query, it is
stated across the bar that the girl is major and she has tied nuptial knots out of
her own free volition and will and she at no stage was coerced or forcibly
taken away by any of the petitioners. To all appearances, the girl appeared to
be major.
Issue notice to respondent no. 3 who may file counter affidavit within four
weeks. Learned A.G.A may also file counter affidavit within the aforesaid
period. Rejoinder affidavit if any may be filed within two weeks next
thereafter. List this matter after expiry of the aforesaid period.
Till next listing or till submission of charge sheet whichever is earlier, the
arrest of the petitioners who are wanted in case as aforesaid, shall remain
stayed.
Order Date :- 5.8.2010
MH