Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 24643 of 2018 Petitioner :- Poonam And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Srivastava Counsel for Respondent :- G.A., Lokesh Kumar Dwivedi, Ratnesh Kumar Pathak
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Lalit Kumar Srivastava, learned counsel for petitioners, learned A.G.A. for State and Sri Lokesh Kumar Dwivedi, Advocate, for complainant.
2. This writ petition under Article 226 of the Constitution of India has been filed seeking quashing of First Information Report dated 25.08.2018 registered as Case Crime No. 342 of 2018, under Sections 363, 366, 506 IPC, Police Station Etmadpur, District Agra.
3. Though in the First Information Report, the age of girl has not been disclosed but but it is contended that the Marks-sheet of High School Examination-2014 (Annexure-1 to writ petition) shows date of birth of girl as 12.11.1999, therefore, on the date of incident, i.e., 01.08.2018 she was above 18 years of age. She has solemnized marriage with Petitioner-2 voluntarily and both are living peacefully as husband and wife, therefore, no offence under Section 363, 366, 506 I.P.C. is made out against petitioners. The FIR has been maliciously lodged against petitioners and the same amounts to an abuse of process of law.
4. Counsel for petitioners further submits that both Petitioners-1 has filed affidavit in support of writ petition stating categorically on oath that petitioners-1 and 2 both are major and have voluntarily married and are living together. As such no offence under Section 363, 366, 506 IPC is made out against petitioners.
5. Since Petitioner-1, Smt. Poonam 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 363, 366, 506 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. First Information Report dated 25.08.2018 registered as Case Crime No. 342 of 2018, under Sections 363, 366, 506 IPC, Police Station Etmadpur, District Agra and all subsequent proceedings initiated pursuant thereto, are hereby quashed.
Order Date :- 26.11.2019 PS