Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20039 of 2019 Petitioner :- Smt. Hemlata And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhat Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Prabhat Kumar Tiwari, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
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.
Each of the respondent is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within two weeks thereafter. List after six weeks.
Learned counsel for the petitioners submits that the victim-petitioner no. 1 as per the FIR is a major girl aged about 18 years. She on her own sweet will has solemnized marriage with petitioner no.2 on 11.4.2019. He further contended that once they 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 Sections 363, 366 I.P.C., cannot be approved of.
Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 13.5.2019, registered as Case Crime No. 176 of 2019, u/s 366 IPC, police station Farah, District Mathura no coercive action be taken against the petitioners.
It is made clear that if the petitioners do not take steps to serve notice to respondent no. 3 within two weeks' from today, the interim protection granted above shall automatically vacated and this petition shall stand dismissed without further reference to any other Bench of this Court.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Deepika