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Rakesh Gupta @ Guddu & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12097 of 2005  RD-AH 14842 (30 August 2006)
Crl. Misc. Writ Petition No. 12097 of 2005
Hon'ble Sushil Harkauli, J.
Hon'ble G.P. Srivastva, J.
It has been stated in the office report dated 18.1.2006 that notice issued by "R.P.A.D." on 16.12.2005 has not been returned back with or without service and even the acknowledgment has not been received back. More than 30 days have expired therefore, service on the opposite party No. 4 is deemed sufficient.
The petitioner No. 2 was born on 19.9.1987 according to her High School certificate and, therefore, on the date of incident i.e., 18.10.2005, she was above 18 years of age. It has been stated in the writ petition that both the petitioners have married of their own free will. The averment in this writ petition about the age as well as the voluntariness of the marriage remains uncontroverted because no counter affidavit has been filed either by the State or by the respondent No. 4.
In view of this factual situation, we allow this writ petition and quash the First Information Report dated 25.10.2005 of case crime No. 311 of 2005363/366 I.P.C., P.S. Sigra, district Varanasi.
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