Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25563 of 2019 Petitioner :- Nisha Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Sharma Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Satya Narayan Gupta, learned counsel for the petitioners.
This writ petition has been filed seeking quashing the impugned first information report dated 29.11.2019 in Case Crime No.452 of 2019, under Section 366 I.P.C., Police Station Kotwali, Distirict Budaun.
The F.I.R. has been lodged by the respondent no.3 alleging that his daughter Nisha Lal, the petitioner no.1 has been enticed away by the petitioner no.2 on 27.11.2019. In the F.I.R. itself, the age of the petitioner no.1 has been disclosed as 19 years, which shows that she is a major.
The petitioners are present in person before us and have been identified by their counsel Sri Ravindra Sharma.
We have put personal questions to the petitioner no.1 Smt. Nisha Lal to enquire as to whether she wants to live with petitioner no.2 of her own free will to which the petitioner no.1 states that she has married the petitioner no.2 out of her own free will and wants to go with him. She also stated that she does not want to go with her father, the respondent no.3. In proof of age, the petitioner no.1 has filed Aadhar Card wherein her date of birth is mentioned as 01.01.2001, according to which, she has disclosed her age to be 19 years on the date of incident dated 27.11.2019 mentioned in the F.I.R. which is same as also stated in the F.I.R.
In this view of the matter, we direct for notice to be issued to the respondent no.3 returnable within three weeks.
Steps may be taken within a week.
Learned A.G.A. shall file counter affidavit within four weeks.
List thereafter before appropriate Bench. The matter shall not be treated as tied up or part heard to this Bench.
Till the next date of listing, no coercive action shall be taken against the petitioners in first information report dated 29.11.2019 in Case Crime No.452 of 2019, under Section 366 I.P.C., Police Station Kotwali, Distirict Budaun.
Order Date :- 16.12.2019 Ajeet