Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 26876 of 2018 Petitioner :- Reena And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kulveer Singh,Perdeep Kumar Vishnoi Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Kulveer Singh, learned counsel for petitioners and learned A.G.A. for respondents. Perused the office report dated 25.11.2019. Service upon respondent no. 3 is deemed sufficient.
2. This writ petition under Article 226 of Constitution has been filed for quashing the F.I.R. dated 14.09.2018 registered as Case Crime No. 1032 of 2018, under Section 366 I.P.C., Police Station Badaut, District Baghpat.
3. It is stated that in the F.I.R. itself the age of petitioner-1 has been mentioned as 18 years and five months. According to Aadhar Card, date of birth of petitioner no.1 is 01.01.1996, therefore, she was major at the time of incident dated 08.09.2018. Both are living separately and no offence under Section 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 Section 366 IPC is made out against petitioners.
5. Since petitioner-1, Smt. Reena 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 14.09.2018 registered as Case Crime No. 1032 of 2018, under Section 366 I.P.C., Police Station Badaut, District Baghpat and all subsequent proceedings are hereby quashed.
Order Date :- 26.11.2019 Prajapati