Allahabad High Court
Abhishek Kumar @ Abhishek vs State Of U.P. And 3 Others on 5 February, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:19023-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 19097 of 2023
Petitioner :- Abhishek Kumar @ Abhishek
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Amit Kumar Tiwari
Counsel for Respondent :- G.A.,Dhirendra Kumar Verma,Juhi Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Gajendra Kumar,J.
1. Supplementary Affidavit filed today is taken on record.
2. Heard learned counsel for the petitioner and Ms. Manju Thakur, learned A.G.A.-I for the State respondents.
3. Present writ petition is filed assailing the validity of First Information Report dated 13.10.2023, registered as Case Crime No.0274 of 2023 under Section 363, 366 IPC, P.S. Lalganj, District Mirzapur. Further it is prayed to command the respondents not to arrest the petitioner pursuant to the impugned first information report.
4. On 08.01.2024, this court entertained the matter and as the girl is minor, this court directed the respondents to ensure ossification test of the victim for determination of her age and report be submitted to the court in a sealed cover. In response thereof, ossification report along with X-ray report was placed before the court on 12.01.2024 and as per the Ossification report 11.01.2024 submitted by the Chief Medical Officer, Mirzapur, the age of the girl (detenue) is about 17-18 years and as such, she is major. As a major girl cannot be forced to live in protective home without her consent and be immediately allowed to go wherever she wants without any hindrance either from the police or from the parents in particular, this court directed the Child Welfare Committee, Mirzapur to release the detenue forthwith so that she may go to the place where she wishes to. On 24.01.2024, the matter was passed over on the request of learned counsel for the petitioner enabling him to file appropriate affidavit in the matter and further Mrs. Manju Thakur, learned A.G.A.-I was directed to obtain instructions in the matter.
5. In response to the order dated 24.01.2024, Mrs. Manju Thakur, learned A.G.A.-I states on instructions that the custody of the victim is already given to the petitioner. Instructions are taken on record.
6. Learned counsel for the petitioner has placed reliance upon the order dated 20.01.2024 passed by Children Welfare Committee, Mirzapur constituted under Section 27(9) of Juvenile Justice (Care and Protection of Children) Act, 2015 and states that in compliance of order dated 12.01.2024 passed by this Court, victim namely Shashilata had been handed over to the mother of the victim and at once the mother of the victim had handed over the victim to the petitioner on 20.01.2024 and since then, they are living as husband and wife.
7. Learned counsel for the petitioner has contended that in view of the aforesaid facts and circumstances, the impugned FIR is liable to be quashed in view of the Supreme Court's judgment in Kavita Chandrakant Lakhani vs State of Maharashtra & Anr reported in AIR 2018 SC 2099, wherein it was held that to constitute an offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by deceitful means, that such abduction took place with the intent that the complainant may be seduced to illicit intercourse and/or that the accused knew it to be likely that the complainant may be seduced to illicit intercourse as a result of her abduction.
8. Considering the facts and circumstances of the case as well as coupled with the fact that no offence under Sections 363, 366 I.P.C. is made out, inasmuch as, the petitioner and the girl are major and they are living as a married couple, the First Information Report dated 13.10.2023, registered as Case Crime No.0274 of 2023 under Section 363, 366 IPC, P.S. Lalganj, District Mirzapur is hereby quashed.
9. The present writ petition is, accordingly, allowed.
Order Date :- 5.2.2024
NLY
