Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13850 of 2018
Petitioner :- Aarfa And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Anil Kumar Jaiswal
Counsel for Respondent :- G.A.,Bhagwan Das Sharma
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner(s), learned counsel for respondent no. 4 and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 419/2018, under Section- 366 IPC, P.S. Hapur Nagar, district- Hapur.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed. Further submission is that the girl is a major as her date of birth as per adhar card is 23 years and petitioner nos. 1 and 2 are major and they have also solemnized marriage out of their own sweet will without any pressure, threat or coercion and they are living happily as husband and wife, copy of the marriage certificate has also been annexed with the writ petition.
The Court has been informed that petitioner nos. 1 and 2 are present before this Court and they have identified each other and also they have been identified by their counsel on the basis of the documents produced in his chamber. With the consent of the parties, the Court now proceeds to examine petitioner no. 1.
On being asked from petitioner no. 1 as to what is her name, she informs the Court that her name is "Aarfa"; on being further asked as to what is her age, she informs that her age is 23 years as per adhar card and apparently, she appears to be major. She has also made a statement that she has not studied in any school and she would not like to talk/meet with her brother who is present before this Court. She has also made a statement that she is fully aware about her husband i.e. petitioner no. 2.
Learned A.G.A. as well as learned counsel for respondent no. 4 have strongly opposed the writ petition. However, the fact remains that they have not able to dispute the certificate of registration of marriage and the age of the girl as she is aged about 23 years as per adhar card and the veracity of the adhar card has not been challenged/disputed and he has admitted that the girl is a major.
In view of the aforesaid facts and circumstances of the case and also keeping in view the law as laid down by the Division Bench of this Court (Lucknow Bench) rendered in the cases of Vishal Jaiswal And Another v.
State of U.P. and Others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen And Another vs. State of U.P. and Orthrs passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini vs. Union of India passed in writ petition (civil) no. 231 of 2010 and Suhani & Another v. State of U.P. & Ors. passed in civil appeal no. 4532 of 2018 decided on 26.04.2018, no purpose would be served in keeping the present case pending before this Court. Accordingly the instant writ petition is allowed and the impugned FIR registered as aforesaid case crime is hereby quashed. Consequences to follow.
The family members of the girl will not interfere in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2. In case, they interfere in the peaceful living of petitioner nos. 1 and 2, they will be personally answerable to this Court.
The petitioners are also given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.
With the aforesaid observations, the instant writ petition is allowed. Order Date :- 28.5.2018 Anand