Irfan vs State Of U.P. Thru. Prin. Secy. Home Lko. And

Order

- "Learned counsel for the petitioner and learned A.G.A. for the State/respondents are present. Supplementary affidavits filed today on behalf of petitioner as well as on behalf of respondent No.4 are taken on record. This writ petition has been filed with the following main prayers :- "(i) issue a writ, order or direction or a writ in the nature of certiorari to

quash the impugned FIR dated 12.03.2023 bearing number 52/2023, under Sections 363, 366 IPC (Annexure -1), registered at PS - Karaundi Kalan, Sultanpur. (ii) issue any other appropriate writ, order or direction in favour of the petitioner as the Hon'ble Court may deem fit in the circumstances of the case." 2 CRLP No. 3939 of 2024 As per prosecution case, on 12.03.2023, respondent No.3 lodged an F.I.R. against petitioner which has been registered as Case Crime/F.I.R. No.0052/2023, under Sections 363, 366 I.P.C., at Police Station - Karaundi Kalan, District Sultanpur with the contention that her daughter (respondent No.4) has eloped from her residential house on 07.03.2023 at

5.00 A.M. It has come in her knowledge that she has been allured by accused-petitioner on the pretext of marriage. Her daughter is minor. She feared that accused may commit some wrong with her. In case any incident takes place with her daughter, accused-petitioner would be responsible for the same. She requested for registration of the F.I.R. and for searching her daughter. Learned counsel for the petitioner has submitted that petitioner as well as respondent No.4 are close relatives, as the informant's husband and petitioner's father are cousin. Petitioner resides in New Delhi and he is already married. So far as the respondent No.4 is concerned, respondent No.4 subsequent to her dispute with her mother, left her home and at present she is residing in New Delhi. Petitioner has not allured the respondent No.4 and the F.I.R. has been falsely lodged against him. On 04.07.2024, respondent No.4 appeared before the court through her counsel and submitted that she is willing to meet her mother, respondent No.3. On 22.07.2024, respondent No.3 appeared before the Court. Respondent Nos.3 and 4 talked with each other and respondent No.3 informed that her daughter is major and she is about 19 years old. She does not want to come and live with her parents, rather she is willing to live her own life in New Delhi. Respondent No.3 also stated that if her daughter is not ready to go with her, then she will not force her to come with her and is not ready to take her at her house. On 24.07.2024, respondent No.4 has submitted her affidavit stating that her relation with her mother was not well. Hence, she left her house in March, 2023. She is 19 years old. The petitioner has shown his willingness to take full responsibility of her entire well being, hence, she has no objection to accept the offer of the petitioner. Petitioner has also submitted his supplementary affidavit stating that he is willing to take the responsibility of respondent No.4 in all respect, such as education, 3 CRLP No. 3939 of 2024 maintenance, well being, housing and sustenance, etc. and the court may hand over the responsibility of respondent No.4 upon the petitioner. Learned counsel for the petitioner has further submitted that being the close relative and elder to the age of respondent No.4, petitioner is taking the responsibility of respondent No.4 for her well being in all respect, for which the court may impose appropriate condition. We have heard the learned counsel for the parties and perused the record. Considering the above facts and circumstances, let counter affidavit be filed by the respondents within four weeks. List thereafter. Till the next date of listing, it is provided that petitioner - Irfan shall not be arrested in pursuance to the impugned First Information Report dated

12.03.2023, registered as Case Crime/F.I.R. No.0052/2023, under Sections 363, 366 I.P.C., at Police Station - Karaundi Kalan, District Sultanpur. This court being the court of equity also, has considered the welfare of the respondent No.4, who is a young girl and has recently attained the age of majority. She left her house at Sultanpur and has started living in New Delhi all alone. The petitioner is a married person of 44 years. He is residing with his family in New Delhi and has shown his willingness with his own free mind to take care of respondent no.4, including her safety, security, maintenance, housing, sustenance and education. In such circumstances, we hope and trust that he will fulfill his responsibility as undertaken by him. Further, we direct that in every three months, in first week of English calendar month between 10.00 A.M. to 2.00 P.M., the petitioner and respondent No.4 will jointly visit at Police Station - Malviya Nagar, New Delhi where the Station House Officer shall record their presence in a Register and satisfaction of well being of respondent No.4. The Senior Registrar of this Court shall communicate the copy of order to 4 CRLP No. 3939 of 2024 Station House Officer of concerned Police Station. "

4. Learned A.G.A., on the basis of instructions dated 28.02.2025 received from Sri Shailendra Pratap, Sub Inspector, Police Station Karaundikala, District Sultanpur, submits that final report bearing No.25/2024 dated

15.08.2024 has been submitted in the Court on 15.01.2025, therefore, this petition has rendered infructuous. The said instructions are taken on record.

5. Dismissed accordingly.

6. Interim order, if any, stands vacated. October 31, 2025 Saurabh (Zafeer Ahmad,J.) (Rajnish Kumar,J.) SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

quash the impugned FIR dated 12.03.2023 bearing number 52/2023, under Sections 363, 366 IPC (Annexure -1), registered at PS - Karaundi Kalan, Sultanpur. (ii) issue any other appropriate writ, order or direction in favour of the petitioner as the Hon'ble Court may deem fit in the circumstances of the case." 2 CRLP No. 3939 of 2024 As per prosecution case, on 12.03.2023, respondent No.3 lodged an F.I.R. against petitioner which has been registered as Case Crime/F.I.R. No.0052/2023, under Sections 363, 366 I.P.C., at Police Station - Karaundi Kalan, District Sultanpur with the contention that her daughter (respondent No.4) has eloped from her residential house on 07.03.2023 at

5.00 A.M. It has come in her knowledge that she has been allured by accused-petitioner on the pretext of marriage. Her daughter is minor. She feared that accused may commit some wrong with her. In case any incident takes place with her daughter, accused-petitioner would be responsible for the same. She requested for registration of the F.I.R. and for searching her daughter. Learned counsel for the petitioner has submitted that petitioner as well as respondent No.4 are close relatives, as the informant's husband and petitioner's father are cousin. Petitioner resides in New Delhi and he is already married. So far as the respondent No.4 is concerned, respondent No.4 subsequent to her dispute with her mother, left her home and at present she is residing in New Delhi. Petitioner has not allured the respondent No.4 and the F.I.R. has been falsely lodged against him. On 04.07.2024, respondent No.4 appeared before the court through her counsel and submitted that she is willing to meet her mother, respondent No.3. On 22.07.2024, respondent No.3 appeared before the Court. Respondent Nos.3 and 4 talked with each other and respondent No.3 informed that her daughter is major and she is about 19 years old. She does not want to come and live with her parents, rather she is willing to live her own life in New Delhi. Respondent No.3 also stated that if her daughter is not ready to go with her, then she will not force her to come with her and is not ready to take her at her house. On 24.07.2024, respondent No.4 has submitted her affidavit stating that her relation with her mother was not well. Hence, she left her house in March, 2023. She is 19 years old. The petitioner has shown his willingness to take full responsibility of her entire well being, hence, she has no objection to accept the offer of the petitioner. Petitioner has also submitted his supplementary affidavit stating that he is willing to take the responsibility of respondent No.4 in all respect, such as education, 3 CRLP No. 3939 of 2024 maintenance, well being, housing and sustenance, etc. and the court may hand over the responsibility of respondent No.4 upon the petitioner. Learned counsel for the petitioner has further submitted that being the close relative and elder to the age of respondent No.4, petitioner is taking the responsibility of respondent No.4 for her well being in all respect, for which the court may impose appropriate condition. We have heard the learned counsel for the parties and perused the record. Considering the above facts and circumstances, let counter affidavit be filed by the respondents within four weeks. List thereafter. Till the next date of listing, it is provided that petitioner - Irfan shall not be arrested in pursuance to the impugned First Information Report dated

12.03.2023, registered as Case Crime/F.I.R. No.0052/2023, under Sections 363, 366 I.P.C., at Police Station - Karaundi Kalan, District Sultanpur. This court being the court of equity also, has considered the welfare of the respondent No.4, who is a young girl and has recently attained the age of majority. She left her house at Sultanpur and has started living in New Delhi all alone. The petitioner is a married person of 44 years. He is residing with his family in New Delhi and has shown his willingness with his own free mind to take care of respondent no.4, including her safety, security, maintenance, housing, sustenance and education. In such circumstances, we hope and trust that he will fulfill his responsibility as undertaken by him. Further, we direct that in every three months, in first week of English calendar month between 10.00 A.M. to 2.00 P.M., the petitioner and respondent No.4 will jointly visit at Police Station - Malviya Nagar, New Delhi where the Station House Officer shall record their presence in a Register and satisfaction of well being of respondent No.4. The Senior Registrar of this Court shall communicate the copy of order to 4 CRLP No. 3939 of 2024 Station House Officer of concerned Police Station. "

4. Learned A.G.A., on the basis of instructions dated 28.02.2025 received from Sri Shailendra Pratap, Sub Inspector, Police Station Karaundikala, District Sultanpur, submits that final report bearing No.25/2024 dated

15.08.2024 has been submitted in the Court on 15.01.2025, therefore, this petition has rendered infructuous. The said instructions are taken on record.

5. Dismissed accordingly.

6. Interim order, if any, stands vacated. October 31, 2025 Saurabh (Zafeer Ahmad,J.) (Rajnish Kumar,J.) SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench