- (1.) THE instant writ petition has been preferred under Article 226 of the Constitution with the prayers that a writ, order or direction in the nature of Certiorari quashing the First Information Report dated 14.02.2014, lodged by opposite party no.4 against the petitioners under Section 364 I.P.C. at police Station Chinhat, district Lucknow, which is registered as Case Crime No.66 of 2014, be issued and a writ, order or direction in the nature of Mandamus commanding the opposite party no.3 not to arrest the petitioners in the aforesaid case till the submission of charge -sheet be also issued. Further, they have also prayed that any other writ, order or direction in any nature which this Hon'ble Court may deem just and proper in favour of the petitioners be issued.
(2.) THE facts giving rise to the petition are that an F.I.R. in Case Crime No.66 of 2014 has been registered under Section 364 I.P.C. at Police Station Chinhat, district Lucknow. The F.I.R has been lodged by one Vijay Kumar Singh alleging that his daughter, namely, Rekha Singh, who is a student of B.A. IIIrd year, aged about 20 years was missing from the house since 13.02.2014, she left the house at 10:30 a.m. along with a sum of Rs.3050/ - for depositing the fees in the college, but did not return. On enquiry, he was informed by his daughter -in -law, Vandana Singh, that the victim informed her that she has received a message at her Mobile No.9334176759 from Mobile No.936951751 by one Karan Verma and she has been threatened. The complainant suspected that Karan Verma is the person behind kidnapping of his daughter.
(3.) HOWEVER , the victim Rekha Singh -petitioner no.2 and Vikas Verma -petitioner no.1 appeared in the Court suo motu and instituted the instant petition. They have informed the Court that their marriage has been solemnized on 13.02.2014 and victim -petitioner no.2 is major and has come with her own free will and she states that she has neither been kidnapped nor abducted. She is present in Court and submitted her bona fides including the marriage certificate issued from Arya Samaj Mandir, and her date of birth certificate etc. Heard learned counsel for the petitioners and learned Additional Government Advocate at length.;