SHABNAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mohd. Faisal, learned counsel for the petitioners, Sri Ansar Ahmad, learned counsel for the respondent no.3, Sri Jitendra Singh, learned A.G.A. for the State and perused the record.

(2.) This petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 31.12017 registered as Case Crime No.576 of 2017, under Sections 363, 366 I.P.C., Police Station Doghat, District Baghpat.

(3.) Learned counsel for the petitioners submitted that this is the second writ petition filed on behalf of the petitioners. The first writ petition filed by the victim petitioner no.1 along with petitioner no.2 and others have approached this Court challenging the impugned FIR by means of filing Crl. Misc. Writ Petition No.519 of 2018 which has been disposed of by this Court vide order dated 10.1.2018 with certain directions, copy of which is annexed as Annexure-3 (at page-21) of the writ petition. He further submits that in pursuance of the Court's order dated 10.1.2018, the medical examination of the victim petitioner no.1 was conducted and as per medical examination report she was found to be aged 17 years of age and thereafter her statement under Section 164 Cr.P.C. was recorded in which she has not levelled any allegation against petitioner no.2 for taking or enticing away and she stated that she voluntarily left her house as she was having affair with petitioner no.2. He next argued that a compromise has also taken place between petitioner nos. 2 to 4 and respondent no.3 who is father of victim girl and respondent no.3 does not want to press the present case against the petitioners, copy of which has been produced before this Court the same is taken on record. He argued that copy of the said compromise was also produced before the Investigating Officer of the case who has failed to consider the same. At present moment, the victim petitioner no.1 is living with petitioner no.2 happily and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.