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Allahabad High Court · body

2020 DIGILAW 468 (ALL)

Udaiveer v. State of U. P.

2020-02-11

B.AMIT STHALEKAR, RAVI NATH TILHARI

body2020
JUDGMENT : 1. Heard the learned counsel for the petitioners, learned A.G.A. for respondents-1, 2 and 3 and Sri Avanish Tripathi, for respondent-4. 2. The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 01.01.2020, registered as Case Crime No.0004 of 2020, under Section 366 of I.P.C., P.S. Ushait, District Budaun with further prayer not to arrest the petitioner under the said F.I.R. 3. As per the allegation, the F.I.R. was lodged by respondent-4, father of the girl Jyoti. According to the informant the girl was enticed away by petitioners-1, 2 and 3 on 31.7.2019 at about 5 o'clock. Since on the previous date, we required Jyoti to be present before us, she is present before us today and is identified by Sri J.P. Pandey, learned counsel for the petitioners as well as Avanish Tripathi learned counsel for the responent-4. We put the question to her as to how old she is upon which she answered 24 years. In the affidavit her age is mentioned as 24 years. Be that as it may, in the F.I.R. the informant discloses her age as 19 years. Therefore, she is major. When we put a specific question to her whether she would like to go with respondent-4, her father she declined and has stated that she wants to go with petitioner-1 Udaiveer her next friend and she is making this statement without any coercion or compulsion. 4. Learned counsel for respondent-4 on the other hand has submitted that the girl is already married to one Balveer, therefore, she cannot be allowed to remarry and F.I.R. is not liable to be quashed. 5. Since the girl is major, she cannot be compelled to go and live with the petitioner-1, as such we allow the writ petition and quash the F.I.R. dated 01.01.2020, registered as Case Crime No.0004 of 2020, under Section 366 of I.P.C., P.S. Ushait, District Budaun.