SRI NATH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for petitioners, learned Additional Government Advocate and perused the record of writ petition.

(2.) THE instant writ petition has been preferred under Article 226 of the Constitution of India with the prayer that a writ, order or direction in the nature of Certiorari be issued quashing the impugned First Information Report dated 24.09.2013 registered in case Crime No.353 of 2013, under Sections 363 and 366 I.P.C. and also prayed for issuing a writ in the nature of Mandamus commanding the opposite parties not to harass and arrest the petitioners.

(3.) THE petitioners have alleged in the petition that opposite party no.4, the complainant, has lodged an F.I.R. against petitioner no.1 in Case Crime No.353 of 2013 under Sections 363 and 366 I.P.C. at Police Station Dhammaur, District Sultanpur alleging therein that her daughter went to school but never returned; that the father tried to search at every place but could not find her traces; that one Pooja informed him that his daughter was seen along with petitioner no.1. The daughter of the complainant i.e. petitioner no.2 -Smt. Sarita is major and about 21 years of age and she is pregnant. The petitioners have solemnized the marriage on 16.3.2013 in a temple. Since the petitioners did not have any certificate, hence they executed an agreement on 11.9.2013 in presence of witnesses as a proof of solemnization of marriage. The photographs of marriage and marriage agreement are being annexed as Annexures 3 and 4 to the writ petition.