Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5481 of 2019 Petitioner :- Neeta Verma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramanand Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; Sri Umesh Chandra Prajapati for the respondent no. 4; and perused the record.
The instant petition seeks quashing of the first information report dated 21.02.2019 registered as Case Crime No. 114 of 2019 at P.S. Kotwali, District-Jhansi, under Section 366 I.P.C.
The impugned first information report has been lodged by the respondent No. 4 (Keshav Verma), who happens to be brother of the victim (Neeta Verma-petitioner no.1). It is alleged in the first information report that his sister (the victim-Neeta Verma) has been enticed away by petitioner no.2 (Shashi Kant Chauhan).
The victim (Neeta Verma) and the petitioner no.2 (Shashi Kant Chauhan) have jointly filed this petition claiming that the victim is an adult and as per her High School Certificate, her date of birth is 05.10.1995 and she has voluntarily entered into relationship with petitioner no.2 and therefore no offence has been committed.
The victim (Neeta Verma) has been produced before us by Sri Ramanand Gupta, learned counsel for the petitioners.
The respondent no.4 (Keshav Verma) is also present before us and has been identified by his counsel Sri Umesh Chandra Prajapati, Advocate.
In the presence of respondent no.4 and before us, the victim (Neeta Verma) has made a statement that she is voluntarily with petitioner no.2 (Shashi Kant Chauhan) and that no force has been used upon her.
In view of the above, no case punishable under Section 366 I.P.C. is made out.
The petition is allowed. The impugned first information report dated 21.02.2019 registered as Case Crime No. 114 of 2019 at P.S. Kotwali, District Jhansi, under Section 366 I.P.C. is hereby quashed.
Order Date :- 28.2.2019 Sunil Kr Tiwari