Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 24610 of 2018 Petitioner :- Sushil @ Sushil Kumar@ Baccha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Dwivedi,Shiv Bilas Soni Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Deepankar Dwivedi, Advocate, holding brief of Sri A.K. Dwivedi, learned counsel for petitioners and learned A.G.A. for State. Perused the office report dated 25.11.2019. Service upon Respondent-3 is deemed sufficient.
2. This writ petition under Article 226 of the Constitution of India has been filed seeking quashing of First Information Report dated 17.07.2017 registered as Case Crime No. 103 of 2017, under Sections 363, 366 IPC, Police Station Kanasin, District Banda.
3. It is contended that as per First Information Report, petitioner-2 was minor on the date of incident, i.e. 13.07.2017 being 17 years of age but this writ petition has been filed after she has attained majority and it is stated that she has married with petitioner-1 and out of wedlock a child has born on 02.08.2018 and both are living together. Birth certificate of child dated 03.08.2018 has been placed on record on page 22 of writ petition. It is stated that no offence, therefore, under Sections 363, 366 I.P.C. is made out against petitioners. The FIR has been maliciously lodged against petitioners and the same amounts to an abuse of process of law.
4. Counsel for petitioners further submits that both Petitioners-1 and 2 have filed a joint affidavit in support of writ petition. They 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-2, Shilu Devi is major and is living with and with Petitioner-1 i.e. her husband, in our view, no offence under Sections 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. FIR dated 17.07.2017 registered as Case Crime No. 103 of 2017, under Sections 363, 366 IPC, Police Station Kanasin, District Banda and all subsequent proceedings initiated pursuant thereto, are hereby quashed.
Order Date :- 26.11.2019 PS