The court quashed an FIR alleging abduction under Section 366 IPC. It held the victim was a minor above eighteen years of age and left her house of her own free will.
Petition allowed; First Information Report of 27.07.2020 registered as Case Crime no. 84 of 2020 is quashed.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 10425 of 2020
Petitioner :- Kasturi Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Alok Kumar Gupta, learned counsel for the petitioners and learned AGA for the State.
The petitioners in the writ petition are seeking quashing of the First Information Report dated 27.07.2020 registered as Case Crime no. 84 of 2020, under Section 366 IPC, Police Station Chilh, District Mirzapur with a further prayer not to arrest the petitioners in pursuance of the said FIR.
The allegation in the impugned FIR is that daughter of the informant Kasturi aged about 18 years 3 months has been enticed away by petitioner no.2 Gorakhnath Bind on 30.06.2020 at about 4 am.
The submission of the learned counsel for the petitioners is that the respondent no.4, who is the father of the girl used to beat up his daughter, petitioner no.1 (Kasturi Devi) as he was a habitual drunkard and was pressurizing her to marry an aged person and therefore, she left her house of her own free will and started living with the petitioner no.2 who is a good friend of her out of her own free will. Further submission is that the respondent no.4 was not happy with the stand of his daughter and therefore, lodged the present FIR on the basis of false and frivolous allegations. Hence, the FIR is liable to be quashed.
Prima facie, we find that in the FIR itself, the age of the girl is mentioned as 18 years 3 months which means that she is a major. The High School Certificate annexed as Annexure-2 to the writ petition mentions that date of birth of the petitioner no.1 as 27.03.2002 according to which she is 18 years 3 months on the date of the incident and is major.
Learned AGA could not dispute the above factual aspect of the matter.
Having considered the circumstances of the case as well as the fact that the girl is major as per the FIR version and also the High School Certificate, Annexure-2 shows that the girl is major and is living with petitioner no.2 out of her own free will,
the impugned FIR is quashed.
The writ petition stands allowed .
Order Date :- 8.10.2020 Kirti
1 issue framed by the court
Whether the First Information Report alleging abduction of an 18-year-and-3-months-old daughter is maintainable.
1 provisions across 1 enactments
Kasturi Devi And Another
State Of U.P.
3 Others
B. Amit Sthalekar
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
