Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 24726 of 2018 Petitioner :- Smt. Ravina Nisha @ Neha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.,Kamlesh Kumar Mishra
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Mr. Manoj Kumar, learned counsel for petitioners and learned A.G.A. for State. None appeared on behalf of complainant/informant though the name of Mr. Kamlesh Kumar Mishra, Advocate, is shown for respondents.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing First Information Report dated 24.8.2018 registered as Case Crime No. 285 of 2018, under Section 363, 366 I.P.C., Police Station Gola, District Gorakhpur.
3. Though in the F.I.R. itself, age of petitioner-1 has been mentioned as 17 years but Marks-sheet of High School Examination-2012 shows date of birth of girl as 5.8.1999, hence she was major on the date of incident i.e. on 23.8.2018. 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. Smt. Ravina Nisha @ Neha 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 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 24.8.2018 registered as Case Crime No. 285 of 2018, under Section 363, 366 I.P.C., Police Station Gola, District Gorakhpur and all subsequent proceeding are hereby quashed.
Order Date :- 26.11.2019 Arshad