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In view of the above, the writ petition succeeds and is allowed. The FIR dated 25.10.2022 being Case Crime No.0475 of 2022 under Section 366 IPC, P.S. Saurikh, Distt. Kannauj as well as all consequential proceedings are hereby quashed.

We, however, clarify that while deciding the present petition, we have not looked into the validity of marriage of the petitioners."

5. Per contra, learned counsel for the informant and learned State Law Officer sought to oppose the prayer. They have stated that petitioner no. 1, Smt. Malti Devi was earlier married to Mangal Singh on 17.02.2023. The first information report relating to this writ petition is registered only u/s 366 I.P.C. The Court has to consider whether the offence u/s 366 I.P.C. has been committed against accused/petitioner no. 2, Rajkumar. No complaint case regarding bigamy has been registered against petitioner no. 2.

8. To ascertain whether prima facie, offence u/s 366 I.P.C. is made out, it is necessary to peruse Sections 362 and 366 I.P.C. which are quoted hereunder :-

362. Abduction.--Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.  

Ingredients :- This section requires two things :-

(1) forceful compulsion or inducement by deceitful means;

(2) the object of such compulsion or inducement must be the going of a person from any place.

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

In Gabbu Vs. State of M.P., AIR 2006 SC 2461, the Apex Court has held that so far as the charge u/s 366 I.P.C. is concerned, mere finding that a woman was abducted is not enough. It must further be proved that the abduction is for the purposes mentioned in Section 366 I.P.C.

In Shahjahan Vs. State, 2011 Cr.L.J. 573, the Apex Court has held :-

"In order to establish an offence u/s 366 I.P.C., it must first be established that the offence of kidnapping under Section 361 I.P.C. or abduction under Section 362 I.P.C. has been proved. It must then be shown that such kidnapping or abduction was with the contumacious intent referred to under Section 366 I.P.C."

9. The essential condition for the application of Section 366 I.P.C. is that there is kidnapping or abduction of a woman with the intention to compel her or knowing it to be likely that she will be compelled to marry any person against her will or will be forced or seduced to illicit intercourse.