NARSINGH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Sri A.K. Sand, learned A.G.A. for the respondents No. 1, 2 and 3. This is a peculiar case where the father of the victim, who is the complainant, has come forward with a prayer to quash the F.I.R. and an alternative prayer for a mandamus to the respondent No. 3 not to interrogate the petitioner or subject the petitioner's daughter to any further investigation that may amount to harassment. In effect, the prayer is that the petitioner no longer wants to prosecute the accused at his instance.

(2.) THE F.I.R. was lodged where allegations were made of kidnapping of the girl who, according to the version in the F.I.R., had not attained the age of majority of 18 years and was also mentally of a lower level.

(3.) LEARNED counsel for the petitioner submits that in the background that the girl has already been recovered and she is in the custody of the petitioner, the petitioner does not want to take any further action in the matter keeping in view the future of his daughter.