Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15566 of 2019 Petitioner :- Chandani Bano And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Swati Agrawal Srivastava,Mohini Jaiswal Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Ms. Mohini Jaiswal, learned counsel for the petitioners and the learned AGA for the State.
Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2 are major and they have also solemnized their marriage and they are living happily as husband and wife; victim herself is the deponent of the affidavit filed in support of the writ petition; there is a joint affidavit of both the petitioners in support of the present writ petition. He further informed the Court that both the petitioners are present before this Court today.
Smt. Chandani Bano - petitioner no. 1 is present before this Court today and she has identified petitioner no. 2. - who is also present before this Court today, as her husband, who in turn identified petitioner no. 1 as his wife.
Learned counsel for the petitioners has identified both the petitioners on the basis of documents produced before him in his chamber as a counsel.
Since petitioner no. 1 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her.
Accordingly, the Court has examined Smt. Chandani Bano - petitioner no. 1, who has made a statement before this Court that her name is Chandani Bano and her age is 23 years. Petitioner no. 1 also informed the Court that she has married with petitioner no. 2, who is present before this Court today. She further informed the Court that she married with petitioner no. 2 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. She further contends no offence as alleged in the FIR has been made out, however, the police under the garb of investigation is unnecessarily harassing the petitioners.
In view of the aforesaid facts and circumstance and also keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 and the principles as laid down by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010, a case for grant of indulgence is made out.
Learned AGA has accepted notices on behalf of respondent nos. 1 and 2.
Issue notice to respondent no. 3. Steps to be taken within a week.
Counter affidavit to be filed within four weeks by the learned A.G.A. as well as respondent no. 3 and rejoinder affidavit to be filed within three weeks thereafter.
List thereafter before the appropriate Court.
It is directed that until further orders of this Court, the petitioners shall not be arrested relating to case crime no. 0072 of 2019, U/s 363, 366, 120-B IPC & 7/8 POCSO Act, P.S.
Khakhareru, District Fatehpur.
Order Date :- 31.5.2019 Ujjawal