- (1.) The instant writ petition has been filed by the petitioners challenging the First Information Report dated 15.12.2017, registered at case Crime No.395 of 2017, under Sections 363, 366, 504, 506 of Indian Penal Code 1860 and 16 & 17 of POCSO Act, Police Station-Mawai, District Faizabad. A further prayer has been made for a direction to the opposite parties 2 and 3 not to harass the petitioners and their family.
(2.) Counter affidavit has been filed by Smt.Anar Kala-opposite party No.4, the informant of the First Information Report dated 15.12.2017, vide case Crime No.395 of 2017, under Sections 363, 366, 504, 506 of Indian Penal Code 1860 and 16 & 17 of POCSO Act, Police Station-Mawai, District Faizabad, impugned in the present writ petiton.
(3.) The opposite party No.4 has categorically stated in the counter affidavit that she is the mother and natural guardian of the petitioner No.1; Aarti and on coming to know that her daughter; the petitioner No.1 has married to petitioner No.2 on her own volition and she want to live with him, then for the sake of her daughter's happiness and to save her married life she does not want to pursue the criminal case to proceed against the petitioner nos.2 and 3. It has further been stated that in this case, she has given an application with an affidavit on 28.04.2018 to the Superintendent of Police, Faizabad to drop the criminal proceedings against petitioner Nos.2 and 3. Relevant paragraphs 3, 4 and 5 of the counter affidavit are extracted hereinafter:- "(3) That the deponent is the mother and natural guardian of the petitioner no.1 and she is not having the knowledge of any affair between the petitioner no.1 and 2 before the notice sent to the deponent and to save her daughter from any unwanted state she lodged the first information report against the petitioner no.2 and 3. (4) That when the deponent has apprised from this fact that her daughter has married to petitioner No.2 and both have performed the marriage in Arya Samaj Mandir, Aliganj, Lucknow then for the sake of her daughter's happiness and to save her married life she does not want to pursue the criminal case to proceed against the petitioner No.2 and 4. (5) That the deponent has also given an application with affidavit on 28.04.2018 to the Superintendent of Police, Faizabad to drop the criminal proceeding against the petitioner No.2 and 3 and also prayed that no proceeding shall be initiated against the petitioners of this petition shall be taken in any manner. The photo copy of the application with affidavit is being annexed herewith as Annexure No.CA-1 to this affidavit.;