Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 26805 of 2018 Petitioner :- Pooja Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Yadav Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for petitioners and learned A.G.A. for respondents. Perused the office report dated 25.11.2019. Service upon respondent no. 4 is deemed sufficient.
2. This writ petition under Article 226 of Constitution has been filed for quashing the F.I.R. dated 30.08.2018 registered as Case Crime No. 0326 of 2018, under Section 366 I.P.C., Police Station Mauranipur, District Jhansi.
3. It is stated that in the F.I.R. itself the age of petitioner-1 has been mentioned as 18 years. According to certificate of High School Examination-2017, date of birth of petitioner no.1 is 01.01.2000, therefore, she was major at the time of incident dated 27.08.2018. Both are living separately and no offence under Section 366 is made out. The F.I.R. has been maliciously lodged against petitioners and therefore amounts to an abuse of process of law.
4. Learned counsel for petitioners further submits that petitioners have categorically stated on oath that they are major. They have voluntarily married and are living together. As such no offence under Section 366 IPC is made out against petitioners.
5. Since petitioner-1, Smt. Pooja Devi is major and has stated that she has gone voluntarily with petitioner-2 i.e. her husband and both are living together, in our view, no offence under Section 366 IPC is made out and hence no useful purpose would be served in keeping criminal proceedings pending instead it will amount to gross abuse of process of law.
6. Accordingly writ petition is allowed. F.I.R. dated 30.08.2018 registered as Case Crime No. 0326 of 2018, under Section 366 I.P.C., Police Station Mauranipur, District Jhansi and all subsequent proceeding are hereby quashed.
Order Date :- 26.11.2019 Prajapati