Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15515 of 2019 Petitioner :- Afsana And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.,Prakash Chandra Shukla
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for petitioners and learned AGA for the State.
Learned counsel for the petitioners submits that victim herself is petitioner no.1 and accused is petitioner no. 2. Both are major and they have solemnized their marriage of their own sweet will without any fear, threat or coercion and they are living happily as husband and wife; there is joint affidavit filed in support of the present writ petition; as per the FIR lodged by the father of the girl the age of the girl is 17 years.
Since Smt. Afsana - petitioner no. 1 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her.
Accordingly, the Court has examined petitioner no. 1, who has made a statement before this Court that her name is Afsana and her age is 21 years. She further made a statement that "mai pachvi tak padhi hun". Petitioner no. 1 also informed the Court that she has married with petitioner no. 2, who is present before this Court today. She further informed the Court that she married with petitioner no. 1 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. She further contends no offence as alleged in the FIR has been made out, however, the police under the garb of investigation is unnecessarily harassing the petitioners.
In view of the aforesaid facts and circumstance and also keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 and the principles as laid down by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010, a case for grant of indulgence is made out.
Admit.
Learned AGA has accepted notices on behalf of respondent nos. 1 to 2.
Issue notice to respondent no. 3. Steps to be taken within ten days.
Counter affidavit to be filed within four weeks by the learned A.G.A. as well as respondent no. 3 and rejoinder affidavit to be filed within three weeks thereafter.
List thereafter.
It is directed that until further orders of this Court, the petitioners shall not be arrested nor any coercive action shall be initiated against them relating to case crime no. 0163 of 2019, U/s 363, 366 and 506 IPC, P.S. Behat, District Saharanpur.
Order Date :- 31.5.2019 Ujjawal