Neutral Citation No. - 2025:AHC:72760-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6370 of 2025 Petitioner :- Ateeque And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Mohan Pandey,Om Prakash Katiyar Counsel for Respondent :- Deepak Dwivedi,G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Counter affidavit filed by learned A.G.A. in the Court today, is taken on record. 2. High School certificate/mark-sheet filed by learned counsel for respondent no. 3 in the Court today, is taken on record and shall form part of the record. 3. Heard learned counsel for the petitioners, learned A.G.A. for the State as well as Sri Dharmendra Kumar Singh, learned counsel for respondent no. 3 and perused the record. 4. The instant writ petition seeks quashing of the FIR dated 18.3.2025, giving rise to Case Crime No. 31 of 2025, under Sections 137 (2), 87 of B. N. S., Police Station- Kotwali Farrukhabad, District-Farrukhabad. 5. At the very outset, learned counsel for respondent no. 3 has pointed out that the victim is a minor girl and her date of birth, as recorded in the High School certificate/mark-sheet, is 28.12.2009. 6. Learned counsel for the petitioners has submitted that from the allegations made in the first information report, whatsoever, prima facie no offence, complained of, is disclosed against the petitioners no. 1. 7. Per contra, learned A.G.A. as well as learned counsel for respondent no. 3 have submitted that the victim is a minor girl and has been forcibly taken away by the petitioner no. 1 and his family members and the statement of the victim has also been recorded, in which, she has categorically stated that she has been forcibly taken away by the petitioner no. 1 in a car along with his family members. As such, from the allegations made in the first information report, prima facie offence, complained of, is clearly disclosed against the petitioners and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 8. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that the victim is a minor girl and has been forcibly taken away by the petitioner no. 1 and his other family members. The statement of the victim has also been recorded, in which, she has categorically stated that she has been forcibly taken away by the petitioner no. 1 in a car along with his family members, as such, we are of the opinion that prima facie offence is clearly disclosed against the petitioner no. 1 and thus, we are not inclined to quash the impugned first information report, qua the petitioner no. 1. 9. The prayer for quashing the impugned FIR is, therefore, refused. 10. Accordingly, writ petition is dismissed. Order Date :- 6.5.2025 / HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad