Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13829 of 2018 Petitioner :- Dipika Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Prasad Counsel for Respondent :- G.A.,Sudhakar Shukla
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Sudhakar Shukla learned counsel for respondent no.4.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 49 of 2018, under Sections 363, 366 I.P.C. PS Shivrajpur District Kanpur Nagar.
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 and as per Class VIII marksheet the date of birth of petitioner no.1 is 26.8.2000.
Sri Sudhakar Shukla learned counsel appearing for respondent no.4 submits that Class VIII marksheet which has been annexed with the writ petition is a forged and fabricated document. He has produced the scholar register of petitioner no.1 which shows that her date of birth is 26.8.2001.
Smt. Dipika Mishra - petitioner no. 1 is present before this Court today and she has identified petitioner no.2 Amit, 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 Smt. Dipika Mishra - 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 in view of the contents as has been raised by learned counsel for the respondent no.4 that it is wrong to say that girl has solemnized marriage with petitioner no.2.
Accordingly, the Court has examined Dipika Mishra - petitioner no. 1, who has made a statement before this Court that her name is Dipika Mishra and her date of birth is 26.8.2000 as mentioned in her class 8 marksheet. She further informs that subsequently while getting herself registered for High School examination her date of birth has been got mentioned by her parents as 26.8.2001. Petitioner no.1 also informed the Court that she has married with petitioner no. 2, who is present before this Court today without any pressure, threat or coercion and they are entitled to live happily as husband and wife. On being asked from the girl whether she would like to meet or talk with her parents, she informs the Court "No". 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 facts and circumstances of the case and with the consent of learned counsel for the parties and 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, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-
(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;
(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who after keeping in mind the age of the girl as mentioned in the FIR itself and the date of birth as mentioned in class 8 marksheet, shall look into the matter and will also look into the question as to whether any further investigation is required or not and thereafter will issue necessary direction to concerned investigating officer;
(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view the law as laid down by the Division Bench of this Court at Lucknow Bench in the case of Vishal Jaiswal and another v. State of U.P. and others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and 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.
(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;
(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.
The writ petition, accordingly, stands disposed of.
Order Date :- 28.5.2018 SP