Saloni Yadav vs State Of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1124

VIVEK KUMAR BIRLA, RAJENDRA KUMAR IV
Saloni Yadav – Appellant
Versus
State Of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mohd. Monis
For the Respondent: Amar Bahadur Maurya, Arvind Singh, Deepak Dubey, Dharmendra Kumar Mishra, Maan Singh, Manoj Kumar Kushwaha, Sunil Kumar Kushwaha

JUDGMENT :

1. Supplementary affidavit sworn by the petitioner no. 1 filed today is taken on record.

2. Sri Deepak Dubey submits that he has filed his Vakalatnama on behalf of the informant in the office on 10.7.2023.

3. Heard Sri Mohd. Monis, learned counsel for the petitioners, Sri Deepak Dubey, learned counsel appearing for the informant and Sri G.P. Singh, learned A.G.A. appearing for the State respondents.

4. This writ petition has been filed with the prayer to quash the First Information Report dated 30.4.2023, registered as Case Crime no. 131 of 2023, under Sections 363, 366 IPC, P.S. Pipari, District Kaushambi. Further prayer has been made not to arrest the petitioner in the aforesaid case.

5. Admitted case of the petitioners is that the petitioners are live in relationship. The date of birth of the victim is 1.1.2004 and thus, she is major and aged about 19 years, whereas the date of birth of the petitioner no. 2 is 15.3.2006 and therefore, he is minor and is aged about 17 years.

6. Submission of learned counsel for the petitioners is that the petitioner no. 1 is major and has left her house voluntarily, therefore, no offence under Section 363 IPC is made out, however, admittedly