Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 6191 of 2018 Petitioner :- Anjum Parveen @ Anjum Jahan And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mahendra Kumar Singh Chauhan Counsel for Respondent :- G.A.,Mohd Asif,Sailendra Kumar Verma
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
A supplementary affidavit filed today by learned counsel for the petitioner is taken on record.
Heard Sri M.K.S. Chauhan, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record. No one is present on behalf of the respondent no. 4 even in the revised reading of the list.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 7.3.2018 registered as Case Crime No. 135 of 2018 under sections 366, 120B I.P.C., police station Heempur Deepa, District Bijnor.
On 14.3.2018 this Court passed the following order:-
"Sri Shailendra Kumar Verma, Advocate, has filed his Vakalatnama on behalf of respondent no.4 today in Court, which is taken on record.
Heard Sri M.K.S.Chauhan, learned counsel for the petitioners, Sri Shailendra Kumar Verma, learned counsel for respondent no.4, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
Learned counsel for the petitioners submits that the victim girl, petitioner no.1, as per the FIR is a major girl aged about 18 years and there was love affair between petitioner no.1 and petitioner no.2, they solemnized their marriage (Nikah) on 7.3.2018 and they are living together as husband and wife.
Learned counsel for the private respondent no.4 submits that petitioner no.2 is an unemployed person, hence, some security may be provided to the victim girl, petitioner no.1 for her welfare, to which learned counsel for the petitioners submits that petitioner no.4 who is father of petitioner no.2 is having some landed property and he undertakes that petitioner no.1 would be taken care by them.
List the matter on 28th March, 2018. On which date, learned counsel for the petitioners would furnish an FDR of Rs.2 lacs in the name of the victim petitioner no.1, Anjum Parveen @ Anjum Jahan for a period of 3 years of a Nationalized Bank with an affidavit that the said FDR would not be encashed before the period of 3 years.
Till the next date of listing, no coercive action shall be taken against the petitioners in pursuance of the FIR dated 7.3.2018 registered as Case Crime No.135 of 2018, under Sections 366, 120-B I.P.C., Police Station Heempur Deepa, District Bijnor.
Let a copy of this order be given to the learned counsel for the petitioners today on payment of usual charges. "
Learned counsel for the petitioners submitted that in compliance of the aforesaid order, the petitioner no. 2 had furnished an F.D.R. of Rs. Two Lacs in favour of victim- petitioner no. 1 which shall be encashed after three years a copy of the same has been annexed at page-6 of the supplementary affidavit filed today.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties and taking into account that the victim-petitioner no. 1 is a major girl as per the F.I.R. and she has voluntarily gone with petitioner no. 2 and had married him and at present living with him and also the law laid down by the Apex Court in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013), we are of the view that 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.3.2018 Shiraz