Petitioners filed a criminal writ petition seeking quashing of an FIR under Section 366 IPC alleging enticement. The victim, a major, affirmed voluntary entry into relationship. The court quashed the FIR.
Quashing of the FIR dated 02.04.2019 registered as Case Crime No. 0123 of 2019.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9949 of 2019 Petitioner :- Mahnaj Bee And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Varinder Singh Counsel for Respondent :- G.A.,Shailendra Kumar Verma
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos. 1, 2, 3 & 4 and perused the record.
The instant petition seeks quashing of the FIR dated 02.04.2019 registered as Case Crime No. 0123 of 2019, under Section 366, Police Station Bilsi, District Budaun.
The First Information Report has been lodged by Nasir Ali, who is the father of the victim, alleging that the victim, Mahnaj Bee (petitioner no. 1), who is aged about 25 years, has been enticed away by the accused.
The instant petition has been filed by the victim alongwith the accused persons.
It has been stated in the petition that the victim has voluntarily entered into relationship with the petitioner no. 2 and that no force has been used upon her.
The victim, Mahnaj Bee, has been produced by Sri Varinder Singh, learned counsel for the petitioners before the Court and the counsel representing the respondent no. 4 has not been able to dispute her identity in as much as the respondent no. 4, Nasir Ali, who is present in Court and has been identified by his counsel, has also affirmed the identity of the victim produced before the Court.
The victim has stated before us that she is an adult and she has voluntarily entered into the relationship with petitioner no. 2 and the allegations levelled in the First Information Report are false. The respondent no. 4, who is present before us, has not disputed that the victim is a major.
In view of above, the impugned First Information Report is liable to be quashed and is hereby quashed.
The petition stands allowed . There is no order as to costs.
O rder Date :- 18.4.2019 Vibha Singh
1 issue framed by the court
Whether the FIR under Section 366 IPC should be quashed given the victim's affirmation of voluntary relationship and adulthood.
Mahnaj Bee And 2 Others
State Of U.P. And 3 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
