Hon'ble Aditya Nath Mittal,J.
1. Sri Radhey Shyam Tiwari, Advocate has appeared for respondent no.3.
2. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 571 of 2015 under Section 364 Indian Penal Code, Police Station Ashiana, District Lucknow.
3. Order dated 04.01.2016 reads as under:
"1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 571 of 2015 under Section 364 Indian Penal Code, Police Station Ashiana, District Lucknow.
2. It has been pleaded that petitioner no. 1, the alleged abducted person is in fact married to petitioner no. 2. Petitioner no. 1 had approached this court to seek a writ in the nature of mandamus to seek protection. In this regard reference has been made to Annexure no. 1, which is an order passed by this Court dated 15.12.2015.
3. It has been contended that petitioner no. 1 has not been kidnapped or abducted, and is rather living in her matrimonial home.
4. Respondent no. 3 is directed to file her parawise counter affidavit. Investigating officer is also directed to file affidavit.
5. List on 9.2.2016.
6. Arrest of the petitioners no. 2 to 5 shall remain stayed. The said petitioners, however, are directed to join investigation.
7. Let statement of petitioner no. 1 be recorded under Section 164 Criminal Procedure Code."
4. Sri S. P. Singh learned counsel appearing for the prosecuting agency states that he has instruction to say that the alleged victim of offence has clarified that she has not been kidnapped. Under such circumstances, the investigating officer proposes to file final report.
5. In view of the stand of the investigating agency, it is apparent that cause of action does not survive.
6. Petition is disposed of as infructuous.
7. Final report be prepared within two weeks and filed within six weeks from today.
Order Date :- 9.2.2016 VNP/-