NISHARUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) Nisharuddin has approached this court for issuance of a writ in the nature of certiorari quashing Case Crime No.765 of 2015 under Sections 363, 366, 376, 342, 506 I.P.C. and 3/4/17/18 Protection of Children from Sexual Offences Act, Police Station Madiyaun, District Lucknow (Annexure-1).

(2.) The facts and circumstances in chronology of events emanating from the record, in brief are that respondent no.3 got married to the petitioner, as is evident from Annexure No.5, Nikah Nama on 14.12.2015. Evidently, the marriage has not been accepted by respondent no.4 who apparently started interfering in the matrimonial life of the petitioner and respondent no.3 by way of house trespass and assault etc. Respondent no.3 under the circumstances, initiated criminal proceedings against her own mother and other relatives vide Annexure No.7, Criminal Complaint dated 2.1.2016 for commission of offence under Sections 323, 504, 506, 452 I.P.C.

(3.) On going through Annexure No.7, we find that respondent no.3 made allegations to the effect that she lost her father and thereafter was living in the house of her maternal uncle (Mama). Mother of respondent no.3 Smt. Mabiya Khatoon, maternal uncle and maternal aunt were opposed to the marriage of respondent no.3 with the petitioner and wanted to get her married elsewhere therefore they were making repeated attempts to kidnap respondent no.3 and wanted to indulge in honour killing and there is a possibility that respondent no.3 would be done to death in honour killing.