Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 29004 of 2018 Petitioner :- Gaurav Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Sharma, Nitesh Kumar Singh, Rakesh Kumar Rathore Counsel for Respondent :- G.A., Jai Narain Mishra
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Rakesh Kumar Rathore, learned counsel for petitioners, learned A.G.A. for State and Sri Jai Narain Mishra, Advocate, for complainant.
2. This writ petition under Article 226 of the Constitution of India has been filed seeking quashing of First Information Report dated 01.10.2018 registered as Case Crime No. 977 of 2018, under Section 366 IPC, Police Station Auraiya, District Auraiya.
3. In the First Information Report, the girl Sonam was stated to be a student and studying B.T.C. L.Ed. at G.S.L. College. Marks-sheet of High School Examination-2012 (Annexure-3 to writ petition) shows date of birth of Sonam as 14.07.1997, therefore, on the date of incident, i.e., 01.10.2018, she was above 18 years of age. She has solemnized marriage with Petitioner-1 voluntarily and both are living peacefully as husband and wife, therefore, no offence under Section 366 I.P.C. is made out. The FIR has been maliciously lodged against petitioner-1 and the same amounts to an abuse of process of law.
4. Counsel for petitioners further submits that girl i.e. petitioner-2 has 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 Section 366 IPC is made out against petitioners.
5. Since Petitioner-2, Smt. Sonam is major and has stated that she has gone voluntarily with Petitioner-1 i.e. her husband and both are living together, in our view, no offence under Section 366 IPC is made out and hence no useful purpose would be served in keeping criminal proceedings pending instead it will amount to gross abuse of process of law.
6. Accordingly writ petition is allowed. First Information Report dated 01.10.2018 registered as Case Crime No. 977 of 2018, under Section 366 IPC, Police Station Auraiya, District Auraiya and all subsequent proceedings initiated pursuant thereto, are hereby quashed.
Order Date :- 29.11.2019 Siddhant Sahu