TAKABUL JAHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners have come up with a prayer to quash the First Information Report dated 19th February, 2002 lodged by informant -Respondent No. 3, who is father of Petitioner No. 1, giving rise to registration of Case Crime No. 263 of 2002, P.S. Asmoli, District Moradabad, under Sections 363 and 366 I.P.C., against Petitioner Nos. 2 to 4 appending its copy as Annexure -4 to this writ petition, asserting, that Petitioner No. 1 is major and has married Petitioner No. 2, they being in love, in presence of witnesses, Advocate and molvi on 20 -2 -2002 at New Delhi as per the Muslim customs, who had also sworn affidavits before the Notary and filed them before S.D.M., Parliament Street, New Delhi and that since Respondent No. 3, the father of Petitioner No. 1 did not agree hence he lodged the First Information Report in order to harass them and on account of frustration .

(2.) HEARD learned Counsel and perused the writ petition and the counter affidavit filed by Respondent No. 3.

(3.) IN Paragraph 5 of this writ petition, it has been asserted to the effect that the date of birth of Km. Takabul is 30 -12 -1980. The affidavit accompanying this writ petition asserts that this statement is based on information received without disclosing who was the alleged Informer, and whether the alleged information was given in writing and/or otherwise. Reliance has also been placed on the Affidavits of Petitioner No. 1 as contained in Annexure -2.