JUDGMENT :

Surendra Singh-I, J.

Heard Sri Brajesh Kumar Dwivedi, learned counsel for the petitioners, Sri Alok Krishan Tripathi, learned counsel for the informant and Smt. Manju Thakur, learned A.G.A. appearing for the State-respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 06.04.2023 registered as Case Crime No. 216 of 2023 under Sections 366, 120-B I.P.C., Police Station-Jeanpur, District-Azamgarh, and for a direction to the respondents not to arrest the petitioners pursuant to impugned first information report.

3. It has been submitted by learned counsel for the petitioners that the informant/respondent no. 4, Ram Bilas Rajbhar had given an application u/s 156 (3) Cr.P.C. regarding alleged incident dated 28.12.2022 at 11.30 hours on which Judicial Magistrate, Azamgarh, passed an order dated 03.04.2023 whereby first information report against the petitioners was lodged on 06.04.2023 as Case Crime No. 216 of 2023 u/s 366, 120-B I.P.C., P.S.-Jeanpur, District-Azamgarh.

4. It has been stated in the first information report that petitioner no. 1, Arvind Singh, is the ex-Gram Pradhan of village-Rasoolpur, District-Azamgarh. His bonded labour, Ram Nayan Ram’s mother, Dulari Devi is the present Gram Pradhan of his village. The whole work of Gram Pradhan is looked after by accused/petitioner no. 1, Arvind Singh. The informant has submitted complaint to the higher authorities against the previous Gram Pradhan for enquiry regarding development works carried on during the period of aforesaid Gram Pradhan. Due to this enmity, accused persons, Arvind Singh, Ajeet Singh, Ram Nayan Ram, Ram Bachan Rajbhar and Naitik, hatched conspiracy to humiliate the informant and cause damage to his social reputation. In furtherance of this, accused persons on 28.12.2022 at 11.30 o’clock forcibly kidnapped informant’s daughter, Annu from Banaura Road and carried her in Scorpio vehicle while she was returning home after appearing in B.Sc. 1st year examination in Badrinath Degree College, Kanjra Dilshapur. The incident was witnessed by Jitendra Singh and Lal Bahadur Yadav of his village. The informant has expressed his apprehension that the accused persons may sell or murder his daughter after her abduction. The same informant, Ram Bilas Rajbhar had lodged a first information report dated 28.12.2022 at 22.02 hours on the very same day of the incident which was registered as Case Crime No. 764 of 2022 u/s 366 I.P.C. at P.S. Jeanpur, District-Azamgarh against petitioner no. 5, Naitik.

5. Learned counsel for the petitioners has submitted that the victim, namely, Annu was a major aged about 18 years 6 months at the time of the incident. Her date of birth being 02.07.2004. The petitioners have filed High School Marksheet of the victim which is annexed as Annexure No. 4 to the writ petition. It has also been submitted that after lodging of the previous first information report, the victim, Annu Rajbhar along with accused, Naitik, appeared before Station House Officer, Police Station-Jeanpur, District-Azamgarh and gave an application on 11.01.2023 admitting that the alleged incident dated 28.12.2022 took place with the free consent of the victim, Annu Rajbhar and that they were living together. The victim, Annu Rajbhar, in her statement u/s 161 Cr.P.C. before the Investigating Officer and in her statement dated 28.01.2023 u/s 164 Cr.P.C. which was recorded by the Magistrate concerned has stated that she left her home with her own sweet will and had gone with accused, Naitik to Gujarat for performing marriage with him.

6. After investigation, on the basis of statements of victim u/s 161 and 164 Cr.P.C. and that of independent witness, Sanjay Rajbhar and finding that the victim Annu was major and had left her house on her own sweet will and had married with accused, Naitik, the Investigating Officer submitted final report in Case Crime No. 764 of 2022 u/s 366 I.P.C. at P.S.-Jeanpur, District-