Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25715 of 2019 Petitioner :- Ashish Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the petitioners and learned AGA for the State.
The petitioners in the writ petition are seeking quashing of the FIR dated 06.12.2019 registered as Case Crime No. 386 of 2019, under Section 363, 366, 368 IPC, Police Station Kaundhiyara, District Allahabad.
The allegation in the FIR is that on 23.11.2019 at 8.00 pm the daughter of the informant namely Reshma Patel, aged about 20 years has been enticed away by Ashish Kumar, petitioner no.1.
We have perused the documents on record. Copy of the marksheet of High School issued by the Board of High School and Intermediate Education, U.P. of the petitioner no. 1, Ashish Kumar has been filed as Annexure-2 to the writ petition, wherein the date of birth of petitioner no. 1 has been mentioned as 12.05.1996. Copy of the marksheet of High School issued by the Board of High School and Intermediate Education, U.P. of the petitioner no. 4, Reshma Patel has been filed as Annexure-2 to the writ petition (Page 17 of the writ petition), wherein the date of birth of the petitioner no.4 has been mentioned as 10.04.1999. Thus it is amply clear that both the petitioners are major.
The petitioner no.4-Reshma Patel and the petitioner no.1- Ashish Kumar are present in the court. Learned counsel for the petitioners submitted that both the petitioners are major and they have solemnized their marriage according to their own free will.
We have examined the girl petitioner no.4 by putting questions to her and she stated that she wants to live with her husband petitioner no.1. She has also deposed that she is fully mature to take decision by herself.
The Supreme Court in its judgement passed in Civil Appeal No. 4532 of 2018 (Suhani and another Vs. State of U.P. and others) has held as under:
"Considering the findings of physical, dental and radiological examinations we are of the considered opinion that the bone age of petitioner Miss. Suhani is between 19 - 24 years. In view of the conclusion arrived at by the All India Institute of Medical Sciences, we are of the considered opinion that the petitioner no 1 is a major and the High Court was not correct in directing her to stay in Nari Niketan, Allahabad. The petitioner no. 1 admits the factum of marriage, before us. Therefore, she is entitled to accompany the petitioner no. 2, who is her husband.
In view of our conclusion that she is an adult and she had gone voluntarily with the petitioner no.2 and entered into wedlock, the criminal proceedings initiated under section 363, 366 of the Indian Penal Court against the petitioner no. 2 stands quashed. We have passed this order of quashing the proceedings to do complete justice."
Considering the facts and circumstances of the case and keeping in view the law as laid down by the Supreme Court rendered in the case of Suhani (supra) as well as the fact that both the petitioners are major and the victim/girl has married with the petitioner no. 1 out of her own volition, we therefore, quash the impugned F.I.R.
The writ petition stands allowed. Order Date :- 17.12.2019 N Tiwari