Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14333 of 2018 Petitioner :- Iram @ Iram Singh And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Chand Rai,Jyoti Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Heard learned counsel for the petitioners and the learned AGA for the State.
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.0340 of 2018, under Sections 363, 366, 120 B I.P.C. Akrabad District Aligarh.
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; there is a joint affidavit of both the petitioners in support of the present writ petition and as per the adhar card the age of petitioner no.1 is 19 years. The date of birth of petitioner no.1 is 20.10.1998 as per High School marksheet.
Sri Tripurari Pal Advocate has put in appearance of respondent no.4 and he is not disputing the veracity of this document which is High School marksheet of the girl which shows that her date of birth is 20.10.1998.
Smt. Iram @ Iram Singh - petitioner no. 1 is present before this Court today and she has identified petitioner no. 2 Jeet Pal Singh, 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 Iram @ Iram Singh - 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 Iram @ Iram Singh - petitioner no. 1 who has made a statement before this Court that her name is Iram @ Iram Singh and her father's name is Nasruddin Khan and her age is 19 years. Petitioner no. 1 also informed the Court that she has married with petitioner no. 2 Jeet Pal Singh, 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 who are present before this Court, 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.
Thus, keeping in view the statement of the girl made by the girl before this Court and the fact that girl is major and her date of birth is 20.10.1998 as per High School marksheet and in view of the aforesaid facts and circumstances of the case and also keeping in view the law as laid down by the Division Bench of this Court (Lucknow Bench) rendered in the cases 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 vs. State of U.P. and Orthrs passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of 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 and Suhani & Another v. State of U.P. & Ors. passed in civil appeal no. 4532 of 2018 decided on 26.04.2018, no purpose would be served in keeping the present case pending before this Court. Accordingly the instant writ petition is allowed and the impugned FIR registered as aforesaid case crime is hereby quashed. Consequences to follow.
Petitioner nos. 1 and 2 have expressed apprehension before this Court that there is likelihood of their becoming a victim of honour killing at the instance of respondent no.4 and her other family members as a number of people are awaiting the girl outside the court premises.
In this view of the matter, this Court hereby restrains the respondent no.4 and all other family members from interfering in any manner in married life of petitioner nos.1 and 2 and indulging in any act of violence with them. In case they are found flouting this order, this will be personally answerable to this Court.
It is further directed that petitioner nos. 1 and 2 will be escorted from this Court to the office of Registrar General of this Court by the police constable present in the Court and the Registrar General in co-ordination with the SSP, Allahabad shall ensure the safe journey of petitioner nos. 1 and 2 from this Court to their place of residence i.e. Aligarh and the SSP, Allahabad will ensure that no hindrance shall be caused in the movement of the petitioners.
Let a copy of the order be forwarded to the concerned SSP/SP concerned through the office of the Government Advocate who after receipt of the order shall ensure the safety of the petitioners and also shall ensure that the family members of the victim do not cause any harm or injury to the petitioners and shall ensure fair investigation of the matter without any whims, caprice or personal notion of morality.
The petitioners are also given liberty that in case after reaching their place of residence i.e. Aligarh any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP Aligarh concerned through local counsel along with the certified copy of the order and in case such an application is filed before the SSP concerned, he will look into the matter personally and will ensure the safety of the petitioners. In case in spite of this order, any mis-happening occurs with petitioner nos.1 and 2, the SSP/SP concerned will also be answerable to this Court along with family members of petitioner no.1.
A copy of this order shall be forwarded to the Registrar General of this Court as well as learned Government Advocate for necessary compliance today itself.
Order Date :- 30.5.2018 SP