Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 30221 of 2018 Petitioner :- Ayasha Alias Pinki And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mumtaz Ahmad Siddiqui Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri M.A. Siddiqui, learned counsel for the petitioners, Gaurav Pratap Singh, 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 13.10.2018, registered as case crime no.425 of 2018, u/s 366 IPC, P.S.Purkazi, district Muzaffar Nagar.
Learned counsel for the petitioners submitted that the prosecutrix/petitioner no.1 is major aged about 26 years as per FIR itself and petitioner no.2 is also major aged about 22 years as per Adhar Card. There was love affair between the petitioner no.1 and 2 and they both have performed marriage on 23.9.2018 as per Muslim customs. 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 petitioner nos.2 is made out and 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 AGA has not been able to demonstrate that either the prosecutrix Smt. Ayasha alias Pinki was minor on the date of the incident or that she had been kidnapped or abducted by the petitioner no.2, in view of the above it cannot be said that the petitioner nos.2 has 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.
It is made clear that if respondent no.4 has any grievance against the present order, he may approach this Court by moving appropriate application within three months from today as he has not been heard by this Court.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 28.11.2019 Gaurav