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2019 Supreme(All) 686

MANOJ MISRA, VIVEK VARMA
Nisha Naaz Alias Anuradha – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Syed Shahnawaz Shah
For the Respondent: G.A., Irshad Saleem, Sajiya Parveen

JUDGMENT :

1. The instant petition seeks quashing of the first information report (for short FIR) dated 01.06.2018 registered as Case Crime No.182 of 2018, under Sections 363, 366 IPC, P.S. Nagina, District Bijnor.

2. The allegation in the impugned FIR, which has been lodged by the respondent no.3 (the informant), is that his minor daughter Anuradha (the victim), who is aged 17 years and is a student of M.M. Inter College Nagina, according to his information, has been enticed away by one Jai Prakash Gupta, a conductor in Roadways, and she is missing since 04.05.2018.

3. The victim and Danish (petitioner no.2) have jointly filed this petition by claiming that both of them are adult and they have voluntarily married each other and that no force or fraud has been used / played upon the victim, therefore no offence has been committed. To disclose that victim is an adult, her date of birth (i.e. 01.01.1999) entered in Adhar Card of the victim has been relied upon.

4. On 01.08.2018, after consideration of submissions, the following order was passed:-

"Heard learned counsel for the petitioners, Ms. Sajiya Parveen learned counsel for the respondent No. 3 and learned A.G.A. for the State-respond





















































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