)Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 680 of 2019 Petitioner :- Anushka Shukla And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by the petitioners today, is taken on record.
Learned counsel for the petitioners submitted that the alleged victim herself lodged the FIR, dated 27.07.2019 for an undated occurrence, which was registered as Case Crime No. 262 of 2019, under sections 376, 452 and 506 IPC at P.S. Belipar, District Gorakhpur against accused i.e., Vinay Mani Tripathi (herein petitioner no. 2) and Virendra Mani Tripathi. Pursuant to this FIR when statement under section 164 Cr.P.C. of the alleged victim was recorded, she somersaulted by 180 ° and stated therein that she had lodged the aforesaid FIR under tremendous pressure of her uncle and other family members. She further stated that in fact she has got married with petitioner no. 2- Vinay Mani Tripathi at NOIDA on 11.12.2018 in a Durga ji Mandir and since then they are residing together as husband and wife. The allegation made in the FIR are concocted and under the pressure of her parents. He next contended that perusal of the copy of her High School certificate (annexed as annexure as annexure no. 1, page no. 25 with the petition) reveals that date of birth of the alleged victim is 02.04.1998, which means that at the relevant time of the occurrence, her age was about 21, hence, major and she was well aware of the repercussions of her doings by exercising her prudence. She on her own wisdom joined the company of the petitioner no. 2 - Vinay Mani Tripathi.
Pursuant to the Court's order dated 15.07.2019, corpus Ms. Anushka Shukla, petitioner no. 1 is present in person, at Bar, who was duly identified by Sri Manoj Kumar, learned counsel for the petitioners. On query made by the Court, Ms. Anushka Shukla categorically stated that she wants to go with her husband i.e., petitioner no. 2- Vinay Mani Tripathi.
In the aforesaid backdrop, the habeas corpus petition is disposed of with the direction that as Ms. Anushka is major, this Court while preserving her legal rights to decide her future, she is at liberty to go with her husband -Vinay Mani Tripathi.
The amount of Rs. 50,000/-, deposited in the office of the Registrar General of this Court, shall be returned in favour of Ms. Anushka Shukla, within 15 days from today.
Order Date :- 21.8.2019 shailesh