Allahabad High Court
Abhay Kumar Maurya & Ors vs State Of U.P Thru Prin Secy Home & ... on 26 November, 2018
Bench: Ajai Lamba, Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 31169 of 2018
Petitioner :- Abhay Kumar Maurya & Ors
Respondent :- State Of U.P Thru Prin Secy Home & Ors
Counsel for Petitioner :- Abhishek Dixit
Counsel for Respondent :- G.A.
Hon'ble Ajai Lamba,J.
Hon'ble Karunesh Singh Pawar,J.
1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No. 0083 of 2018 under Sections 363, 366 Indian Penal Code, Police Station Murtiha, District Bahraich.
2. Order dated 26.10.2018 notices the gist of the issue raised by the petitioners. The order reads as under:-
"1. The petition seeks issuance of a writ in the nature of Certiorari quashing First Information Report No.0083 of 2018, under Sections 363 and 366 Indian Penal Code, Police Station Murtiha, District Bahraich.
2. It is the contention of learned counsel for the petitioners that respondent no. 5 willingly got married to petitioner no. 1. The marriage has not been accepted by respondent no. 4, therefore, the impugned criminal proceedings have been initiated.
It has been pointed out that in the course of investigation statement of respondent no. 5 has been recorded under Section 164 Cr.P.C. (Annexure-7). In the statement, the prosecutrix has absolved the petitioner no. 1 of any wrong doing, rather has stated that she knew petitioner no. 1 since last about one year and went with him as per her own wish and accord.
Learned counsel for the petitioner has drawn attention of the Court towards Annexure-9 which demonstrates bone-age of respondent no. 5 as 18 years. On the strength of above mentioned facts, it has been pleaded that ingredients of Sections 363 and 366 I.P.C. are not satisfied.
The case is covered by judgment of this Court dated 23rd July, 2015 rendered in Writ Petition No.3519 (M/B) of 2015 : Shaheen Parveen and another versus State of U.P. and others.
3. Issue notices to serve respondents Nos.4 and 5 through Station House Officer, Police Station Murtiha, District Bahraich, returnable on 26th November, 2018.
4. List on 26th November, 2018.
5. We hereby direct investigating officer of the case to file his affidavit as to under what circumstances the petitioners are being investigated, although the victim of offence in her statement has absolved the petitioner no. 1 of any wrong doing.
6. The petitioners be not taken in custody till the next date of listing. The petitioners are directed to join investigation."
3. Learned counsel for the State on the basis of written instructions states that the investigation has been concluded. No incriminating evidence has been found in the course of investigation. Consequently, final report has been prepared.
4. From the above, it is evident that cause of action does not survive.
5. Petition is disposed of as infructuous.
Order Date :- 26.11.2018
R.C..
