The main legal point established is that a statement recorded under Section 164 Cr.P.C. is not substantive evidence and can be used to corroborate or contradict the witness. The court also emphasized the prevention of abuse of the court's process and securing the ends of justice.

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.

4. It has further been alleged in criminal complaint Annexure No.7 that on 25.12.2015 at 4.00 O' Clock, all the four accused namely Smt. Mabiya Khatoon, Smt. Rubina, Saleem and Mukeem came to the house in a Four Wheeler and forcibly dragged respondent no.3 in the vehicle and gave her beatings with fist blows and kicks. Respondent no.3 raised hue and cry. Respondent no.3 was saved. Respondent no.3 had gone to the police for registration of the crime which was not done hence complaint has been filed.

5. Annexure No.8 is the statement of respondent no.3 recorded under Section 200 Code of Criminal Procedure, 1971 (for short 'Cr.P.C.') as provided under the procedure for prosecuting a complaint in which respondent no.3 has given her age as 20 years and defined herself as wife of the petitioner. The incident of 25.12.2015 has been reiterated in the statement recorded on oath in court.

6. Impugned criminal proceedings were initiated at the instance of respondent no.4 vide the crime registered on 9.12.2015 with the allegations that respondent no.3 had been kidnappedbducted and was subjected to rape.

7. The petitioner has approached this Court with the plea that the impugned criminal proceedings have been initiated in abuse of process of the court and process of the law, at the instance of respondent no.4.

8. We have taken note of the fact that when respondent no.3 joined investigation in Case Crime No.765 of 2015 (supra), she was given in the custody of her mother and other relatives on 6.1.2016.

9. Statement of respondent no.3 was recorded under Section 164 Cr.P.C. in which she supported the prosecution case. Medical age of respondent no.3 has been assessed and has been found to be about 17 years. According to testimonials/transfer certificate and Adhaar Card, date of birth of respondent no.3 has been indicated as 9.8.1998. Respondent no.3 under the circumstances, was 17 years and four months old at the time of marriage with the petitioner, if the testimonial (Annexure No.9) is taken into account.

10. On 23.2.2016, the following order was passed by this Court so as to verify whether the documents relied upon by the petitioner are genuine or not :

1. This petition seeks 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, P.S. Madiyaun, district Lucknow (Annexure-1).

2. Learned counsel for the petitioner contends th