Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2994 of 2021 Petitioner :- Siba And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Upadhyaya Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
We are convinced that both the petitioners before us are major and this fact is also corroborated and gets fortified even by the averments of the respondent No. 4 in the impugned First Information Report dated 17.02.2021, Case Crime No. 0118 of 2021, under Section 366 IPC, Police Station - Hapurnagar, District - Hapur.
From a perusal of the writ petition and annexures thereto, more particularly the FIR, we find that prima facie no offence punishable under Section 366 IPC is made out against the petitioners as it cannot be said that the girl was either allured or was forcibly taken away by the petitioner No. 2. The marriage certificate shows that it is a registered marriage after the nikah is performed and would permit us to quash the impugned First Information Report dated 17.02.2021, Case Crime No. 0118 of 2021, under Section 366 IPC, Police Station - Hapurnagar, District - Hapur at this stage. FIR is accordingly quashed.
However, if the petitioner No. 2 is wanted in any other offence, the police is free to investigate.
The petition is allowed.
Order Date :- 11.5.2021 LBY