Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 17235 of 2020 Petitioner :- Shreya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- G.A.,Ram Badan Maurya
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The instant petition has been filed praying for quashing of F.I.R. dated 26.11.2020 in Case Crime No. 808 of 2020, under Section 366 I.P.C., Police Station Kotwali, District Mainpuri with a further prayer to stay their arrest during pendency of investigation of the said case.
The first informant, respondent no. 3 is uncle of petitioner no.
1. The allegation in the F.I.R. is that petitioner no. 1 was abducted by petitioner no. 2 on 23.11.2020. She also took away sum of Rs. 59000/- in cash and jewellery along with her. The date of birth of petitioner no. 1 as mentioned in F.I.R. is 02.09.2002.
The submission of learned counsel for the petitioners is that the allegation of kidnapping and abduction of petitioner no. 1 by petitioner no. 2 is on the face of it false inasmuch as they are living together as husband and wife out of their own sweet will. The marriage of petitioner no. 1 and 2 was solemnized on 23.11.2020, the date of alleged incident. Petitioner no. 1 being major has full right to choose her life partner and the first informant cannot object to it.
Respondent no. 3 has entered appearance through counsel Sri R.B. Maurya. He is not in position to dispute that petitioner no. 1 is major on the date of incident. He also could not dispute that she is living with petitioner no. 2 out of her sweet will and has refused to return back to respondent no. 3.
Learned AGA is also not in position to show as to how any offence under Section 366 I.P.C. could be made out, in case petitioner no. 1 is major and has chosen to live with petitioner no. 2 out of her sweet will.
In view of the above undisputed position, we are of considered opinion that no case under Section 366 I.P.C. is made out. The impugned F.I.R. is accordingly quashed.
The writ petition stands allowed.
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(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.1.2021 Manoj