Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3116 of 2021 Petitioner :- Kapil And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Dinesh Kumar Misra Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
By means of present petition, petitioners have prayed for quashing the impugned F.I.R. dated 15.2.2021 in Case Crime No.0058 of 2021 under Section 363, 366 I.P.C., Police Station Kotwali, District Etawah.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the records.
Learned counsel for the petitioners submitted that F.I.R. itself goes to show that the victim is 19 years of age.the victim has already married with the petitioner no.1, who is also 23 years of age. Further submission of the learned counsel is that the provisions of Section 363 and Section 366 could not have been made applicable.
Factual data goes to show that if the prosecution is permitted to continue it would not only be abuse of process of law but would interfere in the happy matrimonial life of petitioner no.1 and the victim. In this view of the matter, we feel that this is a fit case for quashment of the F.I.R. and proceedings pursuant thereto and jurisdiction under Article 226 of the Constitution of India should be exercised and we exercise the same.
The petition is allowed accordingly. The impugned F.I.R. and proceedings pursuant thereto are quashed.
Order Date :- 11.5.2021 Ram Murti