- (1.) HEARD learned coun sel for the petitioner and the learned A. G. A.
(2.) SINCE counter-affidavit has already been filed on behalf of the State we propose to dispose of this petition finally. According to the averments made in the petition, Smt. Shakeela Begum, petitioner No. 1 has married the petitioner No. 2 according to Muslim rites and ceremonies with her free will and at the time of marriage she was a major. After the parties had married, respondent No. 3 solely with a view to harass the petitioners filed a mala fide F. I. R. at the police station that petitioner No. 2 has abducted the said girl from her guardianship. Under the direction of this Court, the girl was produced before the C. J. M. , Moradabad who recorded her statement under Section 164, Cr. P. C. , whose copy has been sent to this Court and also got her medically examined. Medical report has also been sent by the C. J. M. to this Court. From the perusal of the medical report and other material placed on record there can be no doubt that petitioner No. 1 is aged about 21 years and at the time of marriage she was a major. From her state ment recorded under Section 164, Cr. P. C. it is also borne out that she had gone in the company of petitioner No. 2 with her free will and both of them had married together and are happily living with each other. It has rightly been pointed out by the petitioner's counsel that in these circumstances no offence either of kidnap ping or abduction is made out and the F. I. R. has been lodged mala fidely by the mother of the girl as she was opposed to her marriage with petitioner No. 2. After considering the facts and circumstances of the caseweare of theviewthat it would be a sheer wastage of public time and money if the petitioners are forced to face futile prosecution. Accordingly the F. I. R. of case crime No. 131 of 1999 under Section 366, I. P. C. at Police Station Kotwali, Moradabad is liable to be quashed.
(3.) WRIT petition is accordingly al lowed and the F. I. R. of case crime No. 131 of 1999 under Section 366, I. P. C. Police Station Kotwali, District Moradabad is quashed. Petition allowed. .;