Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 30839 of 2018 Petitioner :- Anisha And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiranjan Singh Patel Counsel for Respondent :- G.A.,Mazhar Ullah
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Sri Mazhar Ullah, learned counsel for the private respondent 3 is not present though the matter has been taken up in the revised list.
Heard Sri Dhiranjan Singh Patel, learned counsel for the petitioners, Sri A.R.Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 22.10.2018, registered as case crime No.340 of 2018, under Sections 363, 366, 323 I.P.C., Police Station Azim Nagar, District Rampur Learned counsel for the petitioners submitted that as per the High School Certificate the prosecutrix/petitioner no.1 major girl more than 19 years and petitioner no.2 is also a major boy aged about 22 years. He further submits that there was love affair between the petitioner no.1 and 2 and they both have performed marriage (Nikah) on 23.10.2018 as per the Muslim rites, copy of their Nikahnama is annexed as Annexure-2 to the writ petition. He next argued that the petitioner no.1 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no. 2 and that she was major, it cannot be said that any cognizable offence against the petitioners is made out, hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos.1 and 2 are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013), that, offence has been committed under Section 366 I.P.C., cannot be approved of.
Per contra learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions made by the learned counsel for the petitioners.
Learned AGA has not been able to demonstrate that either the prosecutrix-Smt. Anisha was minor on the date of the incident or that she had been kidnapped or abducted by the petitioners no.2 & 3, in view of the above it cannot be said that the petitioners have committed any cognizable offence. The writ petition accordingly succeeds and is allowed.
The impugned FIR and all subsequent proceedings taken against the petitioners in pursuance thereof are hereby quashed.
There shall however be no order as to costs.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 28.11.2019 NS