Criminal Miscellaneous Writ Petition for quashing an FIR under Sections 363, 366 IPC alleging enticement for marriage. The Court dismissed the petition as devoid of merit due to lack of evidence regarding the victim's age at the time of the incident.
Quashing of the FIR dated 29.12.2019 and prohibition on arrest were denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 3283 of 2020
Petitioner :- Bholu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ayank Mishra,Vivek Kumar Srivastava
Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 29.12.2019 lodge by the respondent No.4, mother of the victim, namely, Sima in Case Crime No.238 of 2019, under Sections 363, 366 IPC, Police Station-Raunapar, District-Azamgarh with a further prayer not to arrest him in pursuance of the said first information report.
As per the F.I.R, on 15.12.2019, the petitioner enticed the daughter of informant on the pretext of solemnizing marriage and took her to his village and after some days she came back.
Learned counsel for the petitioner submits that at the time of incident victim was major aged about 22 years and through her statement recorded under Section 164 Cr.P.C, victim has not supported the prosecution version, but in support of his contention, he has not filed any document nor has he filed copy of the statement of victim recorded under Section 164 Cr.P.C. The girl Anju is also not present before us.
After perusal of the records, it is also found that there is nothing on record to show whether on the date of incident, the victim, Anju was major or not.
Be that as it may, there is nothing on record in respect of the age of the girl Anju to show that she was major on the date of the incident. The writ petition is therefore, devoid of merit and is accordingly dismissed.
Order Date :- 25.2.2020
Pr/-
2 issues framed by the court
Whether the writ petition seeking quashing of the FIR under Sections 363, 366 IPC lacks merit given the absence of evidence regarding the victim's age.
Whether the petitioner failed to substantiate his contention regarding the victim's age recorded under Section 164 Cr.P.C.
2 provisions across 2 enactments
Bholu
State Of U.P.
Sima
Anju
B. Amit Sthalekar
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
