MASTER Vs. STATE OF U.P. & ORS.

JUDGEMENT

(1.) By means of this petition filed under Art. 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the First Information Report dated 18.09.2016 registered as Case Crime No. 326 of 2016 under Sec. 363 read with Sec. 366 IPC, P.S. Khuldabad, District Allahabad.

(2.) FIR was lodged by complainant-respondent no. 3 on the allegation that the petitioner, who is the son of her elder uncle, enticed away her minor daughter on 15.09.2016 at about 12 p.m. Learned counsel for the petitioner contends that prosecution story is totally false, fabricated and concocted and as a matter of fact on account of some hot talks between complainant-respondent no. 3 and her minor daughter, the alleged victim, she left the house in a rage and went to a relative house at Dariyabad and after about four days, she returned back home, however, in the meantime, on account of some wrong feeding by some inimical relatives, the FIR was lodged implicating the petitioner.

(3.) It is an admitted position that investigation is still pending and the police has not filed any report under Sec. 173 (2) Crimial P.C. A counter affidavit has been filed by respondent no. 3 alleging that due to wrong information and feeding by some inimical relatives of the petitioner, she lodged the FIR. It is admitted in the counter affidavit that there was some hot talks between respondent no. 3 and her daughter, the alleged victim, on account of which she left the house without informing her and went to a relative house at Dariyabad. It is also admitted that on 19.09.2016, she returned back home along with relatives and then only respondent no. 3 realised that she lodged the FIR wrongly implicating the petitioner.