Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24192 of 2019 Petitioner :- Kesha Devi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudeep Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent Nos. 1& 2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 24.10.2019, registered as Case Crime No. 0195 of 2019, under Sections 363, 366 & 506 I.P.C., P.S. Naraini, District- Banda.
The allegation in the F.I.R. is specific that the victim is a minor whose date of birth is 15.6.2003 and that she has been enticed away by the accused person.
Though, in this petition, it has been stated that the victim has entered into relationship voluntarily but there is no documentary evidence to demonstrate that the victim is an adult or has attained the age of majority. Under the circumstances, the prayer to quash the First Information Report cannot be accepted.
Hence, the petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail as may be advised.
Order Date :- 26.11.2019 SY