Petitioner challenged the FIR registered under Section 366 IPC regarding a married woman and her child going missing. The High Court refused to quash the FIR as the missing persons and the child have not been traced, deeming it inappropriate to interfere.
The petition seeking quashing of the FIR under Section 366 IPC was dismissed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1137 of 2019
Petitioner :- Kallu Hashmi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 10.10.2018 lodged by the respondent no.4 (the husband of the missing person), which has been registered as Case Crime No. 301 of 2018, under Section 366 I.P.C. at P.S. Kerakat, District Jaunpur.
The allegation in the first information report, which has been lodged against the family members of the missing person, is that the informant, the husband of the missing person, was married to the victim on 01.08.2014 and, out of the marriage, a child was born. It is alleged that the missing person went to her parents place and from there she went missing and has not been traceable.
It is not in dispute that neither the victim nor the son of the victim is traceable.
The learned counsel for the petitioners has sought to argue that in fact the victim had left her parental home to go to her matrimonial home but since then she went missing along with her son and therefore the petitioners are innocent.
Be that as it may, as the missing person has not yet been traced and she is with a child of the informant, we do not find it appropriate to interfere in the matter, the petition is dismissed .
Order Date :- 5.2.2019
Sunil Kr Tiwari
2 issues framed by the court
Whether the First Information Report regarding the abduction of a married woman and her child should be quashed under Section 482 of the CrPC.
Whether the absence of the missing person and their child justifies the Court refusing to interfere in the matter.
1 provisions across 1 enactments
Kallu Hashmi And 4 Others
State Of U.P. And 3 Others
Manoj Misra
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
