Court No. - 49
Case :- CRIMINAL REVISION No. - 3547 of 2018 Revisionist :- Atul And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Hari Pratap Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard counsel for the parties.
Victim, Ragini @ Sayana Khatoon, is present in Court. She is identified by both the counsels.
Learned counsel for the revisionists submits that the victim was already married to the revisionist no. 1,Atul who is also present in the Court. The victim informs the court that she is major.
Learned counsel for the revisionists has also relied upon the judgment and order dated 26-04-2018 passed by Hon'ble Supreme Court in Civil Appeal No. 4532 of 2018, Suhani and Another Vs. State of U.P. and others, in which Supreme court has held the age of the petitioner to be major on the basis of conclusion arrived at by All India Institute of Medical Sciences.
The revisionist no. 1, Atul, who is present in the court, undertakes that he will look after Ragini @ Sayana Khatoon, and ensures with regard to her security.
In view thereof, the judgment and order dated 18.09.2018, passed by learned Ist Additional Sessions Judge,Gorakhpur in Case Crime No. 441 of 2018 (State vs. Atul) under Sections 363,366,376 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Khorabar, District- Gorakhpur is quashed.
Since Ragini @ Sayana Khatoon is adult and has voluntary entered into wedlock with the revisionist no. 1, therefore, she is permitted to lead her life as per her own will along with her husband.
With the aforesaid, the revision is allowed. Order Date :- 19.12.2018 AKS (Vivek Chaudhary,J.)