- (1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No.033 of 2018, under Sections 363, 366 and 352 Indian Penal Code, Police Station Sujauli, District Bahraich.
(2.) We have heard learned counsel for the petitioners, Shri S.P. Singh learned counsel for the State, and Shri Shiv P. Shukla, learned counsel who has given assistance to the Court on behalf of respondent no.5/Unique Identification Authority of India, New Delhi (for short UIDAI ). In deciding a related issue as to of what facts Aadhaar Card is Proof? , Ms. Jasmine, Deputy Director, UIDAI, Regional Office, Lucknow has also assisted the Court.
(3.) Learned counsel for the petitioners contends that although the facts reflected in Para-6 of the petition contain clerical errors, however the case of the petitioners is to the effect that families of petitioners no.1 and 2 (Smt. Parvati Kumari and Virendra Kumar) arranged their marriage. A dispute arose in regard to some demand whereupon parents of Smt. Parvati Kumari petitioner no.1 refused to marry her with petitioner no.2 Virendra Kumar. On behalf of the petitioners, in context of the accusations of committing offence under Sections 363, 366 Indian Penal Code and Section 352 Indian Penal Code it has been pleaded that petitioner no.1 has neither been kidnapped nor abducted. Marriage of choice of petitioner no.1 Smt. Parvati Kumari has not been accepted by respondent no.4 who happens to be the mother of Parvati Kumari. In such circumstances, in total abuse of process of the law and process of the Court, respondent no.4 initiated impugned criminal proceedings not only against petitioner no.2 Virendra Kumar but also against his family members.;