Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 633 of 2019 Petitioner :- Rajan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Tiwari,Vinay Kumar Pathak Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for the State respondent nos. 1, 2 and 3; Sri P.C.Shukla for the respondent no.4 and perused the record.
The instant petition seeks quashing of the FIR dated 27.12.2018 lodged by the respondent no.4 at Police Station NOIDA Sector- 58, District Gautam Budh Nagar as Case Crime No. 0747 of 2018, under Sections 363 and 366 IPC.
It is alleged in the FIR that the victim, aged about 15 years, has been enticed away by the accused.
The accused alongwith victim have approached this Court by claiming that they are both adult.
On 11.01.2019, we had required learned counsel for the petitioners to produce age proof of the victim to disclose that she is an adult.
Learned counsel for the petitioner has not been able to produce any age proof. Rather, learned counsel for the respondent no.4 has produced before us a certificate of birth of the victim, disclosing her to be born on 07.12.2003.
In view of the above, we do not find any good reason to quash the FIR or to interfere with the investigation.
The petition is dismissed.
Order Date :- 30.1.2019 Lbm/-