Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25392 of 2018 Petitioner :- Sarfuddin Ansari And Another Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
An affidavit filed on behalf of respondent no. 4, is kept on record.
Heard learned counsel for the petitioners and learned A. G. A. for the State as well as Sri Dileep Singh Yadav, learned counsel for the respondent no. 4.
This petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 46 of 2018, under sections-363, 366 and 385 IPC at P. S.-Baburi, district-Chandauli.
Learned counsel for the petitioners has submitted that since the respondent no. 4 Kaushar Bano has filed an affidavit before the S. P., Chandauli, copy whereof has been annexed to the affidavit filed on behalf of respondent no. 4, stating therein that she had gone somewhere voluntarily with petitioner no. 1, Sarfuddin Ansari, who is her cousin brother and nobody had kidnapped her and nothing wrong has been done to her. She has further stated that her father had lodged an F. I. R. under some wrong impression. She has further stated that her father had died on 12.8.2018 and she does not want to pursue the aforementioned case registered against the petitioners.
In view of the fact that the respondent no. 4 does not want to pursue the aformentioned case registered against the petitioners, no useful purpose would be served in proceeding with the matter any further.
Thus, in view of the settled principles of law as laid down by the Hon'ble Apex Court in B. S. Joshi Versus State of Haryana reported in 2003 (4) SCC 675 and Nikhil Merchant Versus C. B. I. and another reported in J. T. 2008 (9) SC 192, the proceedings undertaken pursuant to registration of Case Crime No. 46 of 2018, under sections-363, 366 and 385 IPC at P. S.- Baburi, district-Chandauli, are quashed.
The writ petition is accordingly allowed.
Order Date :- 13.9.2018 HR