Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 18252 of 2018 Petitioner :- Anupam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A.,Hemendra Pratap Singh
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Hemendra Pratap Singh, learned counsel for respondent no. 3.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 23.5.2018, bearing Case Crime No.197 of 2018, under Section 363, 366 IPC, police station Anoopshahar, District Bulandshahar, so far it relates to the petitioner.
Earlier, when the matter was taken up on 11.7.2018, following order was passed;
"Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Hamendra Pratap Singh, learned counsel for respondent no.3.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 23.5.2018, bearing Case Crime No.197 of 2018, under Section 363, 366 IPC, police station Anoopshahar, District Bulandshahar, so far it relates to the petitioner.
Learned counsel for the petitioners contends that the petitioner No.1 who is major, as per her High School certificate, copy of which has been filed as annexure-2, had married the petitioner No.2 out of love and affection and as the respondent No.3 was not happy with the said marriage, present criminal prosecution has been initiated against the petitioners, which is bad in law as has been held by the Hon'ble Supreme Court in the case of Sachin Pawar versus State of U.P. in Criminal Appeal No. 1142 of 2013 decided on 02.8.2013. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Learned counsel for respondent no.3 prays for and is granted one week's time to file counter affidavit. Learned A.G.A. may also file counter affidavit within the said period. As prayed by the learned counsel for the petitioners one week thereafter is granted for filing rejoinder affidavit.
List on 25th July, 2018, on which date, petitioner no.2 undertakes to produce petitioner no.1-Smt. Anupam, before this Court.
Till the next date of listing or till the filing of police report under Section 173(2) Cr.P.C., whichever is earlier, the petitioner shall not be arrested in the the aforesaid case."
Pursuant to the order dated 11.7.2018, petitioner no. 1 is present before this Court along with her husband, who has been identified by her counsel Sri Lavkush Kumar Bhatt.
On query made by this Court, petitioner no. 1 stated that she is major and had married the petitioner No.2 out of love and affection and she is legally wedded wife of petitioner no. 2. Statement of the petitioner no. 1 has been separately recorded in the order sheet.
Learned counsel for the respondent no. 3 does not dispute the aforesaid fact.
In view of the statement of petitioner no. 1 that she is major as per High School marksheet, copy of which has been annexed as Annexure No. 2 to the writ petition and the fact that she is legally wedded wife of petitioner no. 2 and both are living together happily as husband and wife, no useful purpose would be served in proceeding with the matter further.
Accordingly, the F.I.R. dated 23.5.2018, bearing Case Crime No.197 of 2018, under Section 363, 366 IPC, police station Anoopshahar, District Bulandshahar is quashed.
The petition is accordingly allowed. No order as to costs.
Order Date :- 25.7.2018 Arvind