Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 31332 of 2018 Petitioner :- Babita And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Kumar Singh,Awadhesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. In compliance of this Court's order dated 31.10.2018 service upon respondent no.3 deemed sufficient.
2. Heard Sri Chandra Kumar Singh, learned counsel for petitioners and learned A.G.A. For State.
3. This criminal writ petition under Article 226 of Constitution of India has been filed seeking quashing of First Information Report dated 01.10.2018 in Case Crime No. 624 of 2018 under Section 366 IPC, Police Station-Bhojpur, District Ghaziabad.
4. Though, in the First Information Report, the age of girl has not been disclosed but it is contended that the Aadhar Card (Annexure-3 to writ petition) shows date of birth of girl as 10.01.1997, therefore, on the date of incident i.e.01.10.2018 she was above 18 years of age. She has solemnized marriage with petitioner-2 voluntarily and both are living peacefully as hubsand and wife, therefore, no offence under Section 366 IPC is made out against petitioners. The FIR has been maliciously lodged against petitioners and the same amounts to an abuse of process of law.
5. Counsel for petitioners further submits that both petitioners have filed affidavit in support of writ petition stating categorically on oath that petitioners- 1 and 2 both are major and have voluntarily married and are living together, as such no offence under Secton 366 IPC is made out against petitioners.
6. Since petitioner-1, Smt. Babita is major and has stated that she has gone voluntarily with petitioner-2 i.e. her husband and both are living together, in view, no offence under Section 366 IPC is made out and hence no useful purpose would be served in keeping criminal proceedings pending instated it will amount to gross abuse of process of law.
7. Accordingly, writ petition is allowed. First Information Report dated 01.10.2018 and all subsequent proceedings initiated pursuant thereto, are hereby quashed.
Order Date :- 29.11.2019 Ashish Pd.