- (1.) Heard Sri B.L.Ram,learned counsel for the petitioners, Sri Pradeep Yadav, learned counsel for the caveator-respondent no.4, Sri Vikas Sahai, 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 First Information Report dated 14.12.2017 registered as Case Crime No.279 of 2017, under Sections 363, 366 I.P.C., Police Station Deedarganj, District Azamgarh.
(3.) Learned counsel for the petitioners submitted that the prosecutrix/petitioner no.1 and petitioner no.2 are major aged about 10 years and 19 years respectively as per their High School Marksheet, copy of which have been annexed as Annexures-2 & 3 to the writ petition. He further submits that being major, petitioner no.1 is living with petitioner no.2 on her sweet will. He next argued that the petitioner no.1 had voluntarily left her parental home and living with petitioner no.2 and as she was major, it cannot be said that any cognizable offence against the petitioner nos.1 and 2 is made out, hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos.1 and 2 are major and they are living together, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013), that, offence has been committed under Section 366 I.P.C., cannot be approved of.;