Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 14389 of 2018
Petitioner :- Deepak And Another
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the respondents no.1 and 2. None appeared on behalf of respondent no.3.
Seen the office note dated 12.09.2018. Service on respondent no.3 is deemed to be sufficient in view of the provisions of Chapter VIII, Rule 12, Explanation (II) of the Allahabad High Court Rules.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 14.05.2018 registered as Case Crime No.55 of 2018, under Section 366 I.P.C., Police Station Sadiabad, District Ghazipur.
Following interim order was passed by another co-ordinate Bench of this Court in this case on 30.05.2018 :-
"Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 and 2.
Issue notice to the opposite party no. 3. Steps are to be taken within ten days. In case, steps are not taken within the time specified above, the present order shall stand automatically vacated.
Each of the respondents is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within three weeks thereafter. List thereafter.
Heard learned counsel for the petitioners and learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned counsel for the petitioners submits that the victim herself is petitioner no. 2 and the accused is petitioner no. 1; she is deponent of the writ petition; as per the Aadhar Card, the date of birth of the victim is 20.07.1999 It has been mentioned in para nos. 8 and 9 that both are major and they have also solemnized their marriage out of their own sweet will and they are living happily as husband and wife. Learned counsel for the petitioners has further placed reliance upon a judgment of the Apex Court rendered in Sachin Pawar vs. State of U.P. passed in criminal appeal no. 1142/2013 decided on 2.8.2013, Lata Singh Vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini Vs. Union of India passed in Writ Petition (Civil) No. 231 of 2010, decided on 27.03.2018. The contention is that the allegations as made in the first information report are false and baseless.
In view of the aforesaid facts and circumstances, prima facie, a case for grant of indulgence is made out.
Accordingly, till further order of this Court, it is directed that the petitioners shall not be arrested pursuant to the impugned FIR registered as Case Crime No. 55 of 2018, u/s 366 IPC, police station Sadiabad, District Ghazipur."
Learned counsel for the petitioners submitted that the petitioner no.2 Smt. Gunja Yadav had solemnized marriage with petitioner no.1 Deepak voluntarily after leaving her parental home on her own accord. Therefore, it cannot be said that the petitioners have committed any cognizable offence and hence impugned F.I.R. is liable to be quashed.
Learned A.G.A. for the State has not disputed the fact that petitioner no.2, Smt. Gunja Yadav is major and she had solemnized marriage with petitioner no.1 Deepak voluntarily after leaving her parental home on her own accord.
After having heard the learned counsel for the parties and perused the other material brought on record, we are of the opinion that since the petitioner no.2, Smt. Gunja Yadav was major on the date of occurrence and she had solemnized marriage with petitioner no.1 Deepak voluntarily after leaving her parental home on her own accord, it cannot be said that petitioners have committed any offence under Sections 366 I.P.C.
In the result, the writ petition succeeds and is accordingly allowed.
The impugned F.I.R. 14.05.2018 registered as Case Crime No.55 of 2018, under Section 366 I.P.C., Police Station Sadiabad, District Ghazipur, as well as all proceedings initiated in pursuance to the same are hereby quashed.
There shall however be no order as to costs.
Order Date :- 13.9.2018 Anand Sri./-