ABHAY PRATAP MISHRA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) This petition has been filed for quashing the order dtd. 22/2/2022 passed by the Additional Session Judge/Special Judge (POCSO Act), Court No. 12, District- Sultanpur in S.T. No. 202 of 2022 in case crime no. 395 of 2021 under Ss. 363, 366, 376 I.P.C. and 5/6 of the POCSO Act, Police Station- Kurebhar, District- Sultanpur.

(3.) Brief facts of the case emerges as such that F.I.R. was lodged by the father of the victim against the applicant-Abhay Pratap Mishra with the allegation that his daughter was kidnapped by the applicant applicant- Abhay Pratap Mishra and the F.I.R. was lodged on 27/12/2021 under Ss. 363, 366, 506 I.P.C. After recovery of the girl statement of victim was recorded under Sec. 161 Cr.P.C. in which she stated that she voluntarily entered into the relationship with the applicant and both of them solemnized marriage in Devkali Mandir. In her statement recorded under Sec. 164 Cr.P.C. in which she supported the statement recorded under Sec. 161 Cr.P.C. An application was filed on 15/2/22 by the applicant to release the girl in favour of the applicant. The trial court without knowing the wishes of the victim sent the victim to Nari Niketan, Ayodhya.