- (1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No. 0003 of 2018, under Sections 363, 366, 372, 504 and 506 Indian Penal Code, Police Station Baskhari, District Ambedkar Nagar.
(2.) Order dated 28th November, 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 Report No.3 of 2018, under Sections 363, 366, 372, 504, 506 Indian Penal Code, Police Station Baskhari, District Ambedkar Nagar. 2. We have heard learned counsel for the petitioners and Ms. Smiti Sahay, learned counsel for the State. We have carefully gone through the contents of the impugned first information report. 3. 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 is available on record as Annexures-3 and 4. 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. 4. It has been pleaded that ingredients of Sections 366 and 363 I.P.C. read with Sections 361, 362 Indian Penal Code are not satisfied. 5. We have also taken into account the fact that petition is supported by affidavit of petitioner no.1, Shalini @ Janvi, which would demonstrate that offence of kidnapping/abduction has not been committed. 6. Learned counsel appearing for the petitioner has argued that the case is squarely covered by judgment dated 23.7.2015 passed by this Court in Writ Petition No.3519 (M/B) of 2015: Shaheen Parveen and another versus State of U.P. and others. 7. Issue notice to serve respondent No.4, also through Station House Officer, Police Station Baskhari, District Ambedkar Nagar, returnable on 13.12.2018. 8. List on 13.12.2018. 9. The petitioners shall not be taken in custody, till the next date of listing. The petitioners are directed to join investigation. 10. Investigating officer of the case is directed to ensure that statement of petitioner No.1 is recorded under Section 164 Criminal Procedure Code and she is medically examined. 11. Let counter affidavit be filed."
(3.) We have heard learned counsel for the petitioners, Shri Afaq Zaki Khan, Advocate and learned counsel for the State, Ms. F.J. Siddiqui. Learned counsel for the complainant/respondent no. 4 is not available in Court. Respondent no. 4 has been served.;