- (1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No.149 of 2018, under Sections 363 and 366 Indian Penal Code, Police Station Rupaidiha, District Bahraich.
(2.) We have heard learned counsel for the petitioners, learned counsel for the complainant respondent no.4 and Shri S.P. Singh, learned counsel for the State. We have carefully gone through the contents of the impugned first information report.
(3.) Order dated 16.08.2018 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 First Information No. 149 of 2018 under sections 363, 366 Indian Penal Code, Police Station Rupaidiha, District Bahraich. 2. Learned counsel appearing for the petitioners contends that petitioner No.1 willingly got married to petitioner No.2. Petitioner No.1 has not been kidnapped. Offence in her context has not been committed. Evidence of marriage has been placed on record as Annexure No.3. The marriage, however, has not been accepted by respondent No.4, therefore, in abuse of process of the law and process of the Court, impugned criminal proceedings have been initiated. 3. It has been pleaded that ingredients of Sections 363 and 366 Indian Penal Code read with sections 361, 362 Indian Penal Code are not satisfied. 4 We have also taken into account the fact that petition has been filed, also on behalf of the alleged victim of offence which would prima facie demonstrate that offence of kidnapping/abduction has not been committed. 5 Learned counsel appearing for the petitioners has argued that the case of the petitioners is squarely covered by judgment dated 23.7.2015, rendered by a Division Bench of this Court in Writ Petition No.3519(M/B) of 2015 Shaheen Parveen and another versus State of U.P. and others. 6 Issue notice to serve respondent No.4, returnable on 09.10.2018. 7 Till the next date of listing, petitioners shall not be taken in custody. Petitioners are directed to join investigation. 8 Investigating Officer of the case is directed to ensure that statement of petitioner No.1 is recorded under Section 164 Cr.P.C. and she is medically examined. 9 Let counter affidavit be filed. 10 List on 09.10.2018." ;