Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20066 of 2019 Petitioner :- Smt. Anku Kumari And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Vijay Kumar Srivastava, 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 30.4.2019 registered as Case Crime No.0237 of 2019, under Sections 363, 366 I.P.C., Police Station Taraya Sujan, District Kushinagar.
Learned counsel for the petitioners submitted that through the FIR victim is stated to be minor aged about 16 years but as per Birth Certificate annexed in Supplementary Affidavit her date of birth is 1.1.2001 i.e. she is aged about 18 years. It is next submitted that the prosecutrix/petitioner no.1 and petitioner no.2 are major aged about 18 years and approx. 23 years respectively as per Birth certificate. There was love affair between the petitioner no.1 and 2 and they both have performed marriage on 14.3.2019 in Arya Samaj, Ulau Kheda, Firozabad, copy of which has been annexed as Annexure-4 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.
Learned counsel for the petitioner has also placed reliance on the judgment of the Apex Court in Criminal Appeal No.1081 of 2019 (arising out of SLP(Crl) No.156 of 2019 in the case of Sanjeev Kumar Gupta vs. The State of UP and another.
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. Anku Kumari, was minor on the date of the incident or that she had been kidnapped or abducted by the petitioner nos.2 to 8, in view of the above it cannot be said that the petitioner nos.2 and 8 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Deepika