Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19919-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 15363 of 2024 Petitioner :- Rishi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kuar Singh,Rahul Chaudhary Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Criminal Misc. Impleadment Application No. 3 of 2025 is allowed. The same may be carried out forthwith.
2. Heard learned counsel for the parties.
3. This writ petition has been filed praying to quash the impugned First Information Report dated 02.09.2021 registered as Case Crime No. 240 of 2021, under Section 363 I.P.C., P.S.- Achhalda, District- Auraiya.
4. Learned counsel for the petitioner vehemently contended submits that both the petitioner and newly impleaded respondent no. 5 are major and have married with each other out of their own free will and as such no offence under Section 363 I.P.C. is made out. It has also been informed that the statement of victim/respondent no. 5 under Section 164 Cr.P.C., has already been recorded by the concerned Magistrate wherein she has not supported the prosecution version. As such, the impugned FIR is liable to be quashed by this Court.
5. In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and with the consent of the parties, the writ petition stands
disposed of asking the I.O. concerned to proceed strictly in accordance with law.
6. For a period of two months, respondents are restrained to arrest the petitioner pursuant to the impugned FIR subject to cooperation in the on-going investigation.
Order Date :- 11.2.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad