- (1.) WE have heard learned counsel for parties and perused the pleadings of writ petition.
(2.) THIS writ petition has been filed for quashment of F.I.R. vide Case Crime No. 2737 of 2013, registered under Sections 363 and 366 I.P.C. at Police Station Kotwali, District Lakhimpur Kheri, and for stay of arrest.
(3.) LEARNED counsel for petitioner submits that only on the basis of suspicion, petitioner's name was mentioned in the F.I.R. It is also a submission that now the girl has been recovered and she has given her statement under Section 164 Cr.P.C. before the competent court. The said statement, being in Hindi, on reproduction would read as: xxx xxx xxx. Learned State Counsel also states that the age of the girl has been found to be 18 years in the medical examination, and does not suggest any act of sexual intercourse with the prosecutrix. It is also a submission of learned counsel for State that the prosecutrix has given statement under Section 164 Cr.P.C. as aforesaid.;