Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2984 of 2021 Petitioner :- Nisha Yadav And Anothers Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anjani Kumar Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Anjani Kumar, learned counsel for the petitioners and learned A.G.A. for the State through video conference.
By way of this petition, the petitioners have prayed that this Court may quash the proceedings/stay the arrest of the accused pursuant to the impugned F.I.R. dated 14.09.2017 lodged against the petitioners arisen out of the Case Crime No.1016 of 2017 under Sections 363, 366, 323, 506 IPC at P.S. Jafrabad, Distt. Jaunpur.
The FIR is lodged in the in the year 2017 by the respondent no.4., father of petitioner no.1. No charge sheet or final report has been filed.
We have perused all the documentary evidence.
The petitioners no.1 and 2 have been happily married. The affidavit is also on record. They have been living a have child out of wedlock as per averments in the petition.
The ingredients of Sections 363, 366 and 323 IPC are not made out against the petitioner no.2 or his family members and criminal proceeding cannot continue. Article 226 of the Constitution of India, 1950can be invoked in this case, as there are no disputed question of facts. The fact is established that petitioner no.1 has come before this Court and we are convinced that she has not been allured even when she is alleged to have been kidnapped in the year 2017. She was a major, in the year 2017, as per High School mark sheet of petitioner no.1, her date of birth is 25.04.1995 which proves her assertion that she is major.
In that view of the matter, the FIR dated 14.09.2017 lodged against the petitioners arisen out of the Case Crime No.1016 of 2017 under Sections 363, 366, 323, 506 IPC at P.S. Jafrabad, Distt. Jaunpur, is quashed.
The writ petition is allowed.
A copy of this order be sent to the concerned police station.
Order Date :- 10.5.2021 Ashish Pd.