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2014 Supreme(All) 2102

DEVENDRA PRATAP SINGH, AKHTAR HUSAIN KHAN
Niharika Urf Gudiya – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- Sanjeev Kumar Singh
For the Respondent:- Govt. Advocate

JUDGMENT

1. Heard learned counsel for the petitioners and the learned A.G.A

2. This writ petition has been filed by the petitioners for quashing of FIR of case crime No.57 of 2014 under sections 363, 366, 342 IPC and 16/17 of the Prevention of Children from Sexual Offences Act, Police Station Shahpur district Gorakhpur.

3. The petitioner no.1 Smt. Niharika @ Gudiya and petitioner no.2, Dharmveer Paswan @ Nate are present in this Court and they have been identified by their lawyers. Petitioner No.1, Smt. Niharika @ Gudiya claims to have voluntarily married Dharmveer Paswan @ Nate, the petitioner No. 2 out of her own sweet will and is living with him without any coercion and compulsion, and denies that she has ever been kidnapped by petitioner No.2 or the other persons.

4. In paragraph No. 5 of the writ petition, it is mentioned that petitioner No. 1 is major and is aged about 19 years, but no reliable proof regarding her age has been annexed with the petition.

5. Since, there is no conclusive dependable proof of age of Smt. Niharika @ Gudiya as no reliable school certificate is available, we direct her to appear before the CJM/Magistrate, Gorakhpur within two weeks from today, who sh













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