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Allahabad High Court · body

2020 DIGILAW 463 (ALL)

Arti v. State Of U. P.

2020-02-11

B.AMIT STHALEKAR, RAVI NATH TILHARI

body2020
JUDGMENT : 1. Heard learned counsel for the petitioners and the learned A.G.A. for the State. 2. The petitioners in the present writ petition seek quashing of the F.I.R. dated 29.9.2018 lodged by respondent-4, Daulat Singh against petitioners-1 and 2, registered as Case Crime No.0696 of 2018, under Sections 363, 504, 506 of I.P.C., Police Station Firozabad South, District Firozabad with a further prayer not to arrest them in pursuance of the said F.I.R. 3. The petitioners are present before us. F.I.R. was lodged by respondent-4, who is brother of petitioner-1, alleging that on 29.8.2018 while he was at work, at about 5 o'clock petitioner-1 was enticed away by Jitendra (petitioner-2). In the F.I.R. the age of girl has been mentioned as 18 years. Earlier also an F.I.R. was lodged against the sister and the father of the pertitioner-2, Jitendra, in which the incident was referred to have occurred on 16.5.2018 with the same allegation that the petitioner-2 had enticed away the petitioenr-1. The Investigating Officer submitted final report on 24.7.2018 stating that as per report of Chief Medical Officer, the age of the girl was 18 years and she was major. In her statement under Section 164 Cr.P.C. recorded before the Magistrate, she has stated that her age is 16 years.(annexure-3 to the writ petition) and she has gone to Bareilly with petitioner-2 of her own free will and she was not enticed away by anyone. When we put the question to the learned counsel for the petitioners, whether final report has been accepted by the Magistrate upon which he has submitted that he could not get the order accepting the final report. However, age of the girl is 18 years. The petitioners are present before us. The girl (petitioner-1), having a two months child in her lap has stated that she is living with Jitendra of her own free will and without any coercion or compulsion. 4. Learned Additional Government Advocate is not contradicting the aforementioned facts. 5. We, therefore, allow the writ petition and quash the F.I.R. dated 29.9.2018 lodged by respondent-4, Daulat Singh against petitioners-1 and 2, registered as Case Crime No.0696 of 2018, under Sections 363, 504, 506 of I.P.C., Police Station Firozabad South, District Firozabad.