Point of Law: Section 366 I.P.C. only applies when woman abducted has no intention of marriage or lawful intercourse when abducted. Mere abduction does not bring accused under ambit of this penal section.

JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Sanjay Kr. Srivastava, learned counsel for the petitioners, Sri Mithilesh Kumar Shukla, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for the State.

2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 17.02.2023 registered as Case Crime No. 77 of 2023 under Sections 366 I.P.C. Police Station-Rasulpur, District-Firozabad and for a direction to the respondents not to arrest or harass the petitioner no. 2, Suraj in pursuance of the impugned first information report.

3. According to prosecution case, informant Shyam Sundar's wife, Neetu, is the resident of Tea-Huts No. 2296, Sonia Camp, G.T. Road, Jhilmil Industrial Area, near Dilshan Garden, Metro Station, Shahdara, Old Delhi. On 12.02.2023 at 1.30 p.m. informant's younger brother dropped Neetu along with her two sons, namely, Sangam, aged 8 years and Sushank, aged 6 years on bus at Asafabad Chauraha for Agra. Since then, the whereabouts of Neetu is not known. The informant's wife, Neetu was in love affair for a long duration with petitioner no. 2, Suraj, resident of Shahdara, old Delhi, who was posted as House Keeping Supervisor at Dilshad Garden, Metro Station. His wife often used to have conversation with Suraj on her mobile. The informant had earlier also found Neetu in the house of accused Suraj but he had brought Neetu back to his home. On the written statement of the informant, the first information report was lodged against petitioner no. 2, Suraj.

4. It has been submitted by learned counsel for the petitioners that the first information report has been lodged after a delay of about 5 days without any explanation which is clearly an afterthought and consultation with apparently false allegations. It has been next submitted that petitioner no. 2, Neetu has filed an affidavit supporting the petitioners case that her husband, Shyam Sundar and her in-laws used to harass and torture her. She came to her parental home but her parents could not give her any help. It is also submitted that under compelling circumstances, petitioner no. 1, Smt. Neetu has taken shelter with the petitioner no. 2, Suraj with her free consent. Petitioner no. 2, Suraj has not abducted petitioner no. 1, Smt. Neetu by forceful compulsion or inducement to leave her matrimonial home to marry her against her will or for illicit intercourse, thus, no offence u/s 366 I.P.C. is made out.

5. Petitioner no. 1, Smt. Neetu has also deposed in her affidavit that on 10.12.2021, she was ousted from the house of her in-laws. Thereafter, she started living with her two children in a rented house at Partapur, District-Meerut. Later on, informant came there to the house of petitioner no. 1, Smt. Neetu and after seeking excuse, started living with her at Partapur in a rented house but due to dispute, informant came back to his native place, leaving petitioner no. 1, Smt. Neetu and her two children alone at Partapur, Meerut. Petitioner no. 1, Smt. Neetu has also deposed that Smt. Dolly, wife of petitioner no. 2 has close friendly relation with her since her school period and as such only with a view to provide her shelter, wife of petitioner no. 2 permitted petitioner no. 1, Smt. Neetu to live at the house of petitioner no. 2, Suraj since first week of January, 2023. The petitioner no. 2, Suraj has no concern with the alleged offence.

6. Per contra, learned A.G.A. representing the State has opposed the petition and submitted that petitioner no. 1, Smt. Neetu and petitioner no. 2, Suraj, both are married, having two children each. Petitioner no. 2, Suraj cannot be granted any indulgence as he is living with petitioner no. 1, Smt. Neetu who is a married woman with two children. However, learned A.G.A. could not deny the submissions advanced on behalf of the petitioners that petitioner no. 1, Smt. Neetu is major and she has left her matrimonial home on her own sweet will.

7. To ascertain whether prima f