- (1.) The petition seeks issuance of a writ in the nature of certiori quashing First Information Report, lodged as crime no. 60 of 2016 under Sections 363, 366 I.P.C., police station Mankapur, district Gonda.
(2.) Order dated 16.5.2016 notices the gist of the issue raised by the petitioners. The order reads as under :- "1. This petition seeks issuance of a writ in the nature of certiorari quashing Case Crime No.60/2016 under Sections 363, 366 I.P.C., P.S. Mankapur, district Gonda (Annexure-1). 2. Learned counsel appearing for the petitioners has argued that petitioner No.2 willingly got married to petitioner No.1. Evidence of marriage has been placed on record as Annexure-2. The petitioner No.2 has not been kidnapped. Offence has not been committed. Respondent No.4, however, has not accepted the marriage of the petitioners, therefore, impugned criminal proceedings have been initiated in abuse of process of the law and process of the Court. 3. Issue notice to respondent No.4, returnable on 21.7.2016. 4. Till the next date of listing, petitioners shall not be taken in custody. Petitioners are directed to join investigation. 5. The Investigating Officer is directed to ensure that statement of petitioner No.2 is recorded under Section 164 CrPC and counter affidavit is filed. 6. List on 21.7.2016."
(3.) Short counter affidvit has been filed on behalf of the State in Court, which is taken on record.;