Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 25376 of 2018 Petitioner :- Pooja And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Darwari Lal Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Mr. Darwari Lal, learned counsel for petitioners and learned A.G.A. for respondents. Perused the office report dated 25.1.2019. Service upon respondent-4 is deemed sufficient.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing First Information Report dated 13.8.2018 registered as Case Crime No. 792 of 2018, under Section 363, 366 I.P.C., Police Station Izzat, District Bareilly.
3. Marks-sheet of High School Examination-2012 of petitioner- 1 shows date of birth of girl as 5.7.2000, therefore, on the date of incident i.e. on 3.8.2018, she was major. Both are living together and no offence under Section 363, 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 Sections 363, 366 IPC is made out against petitioners.
5. Since petitioner-1, Smt. Pooja 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 13.8.2018 registered as Case Crime No. 792 of 2018, under Section 363, 366 I.P.C., Police Station Izzat, District Bareilly and all subsequent proceeding are hereby quashed.
Order Date :- 26.11.2019 Arshad