Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11375 of 2019 Petitioner :- Jyoti Devi And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Kumar Singh,Santosh Kumar Nigam Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners and Sri Rajesh Mishra, learned AGA for the State.
The present writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari quashing the FIR dated 8.4.2019 registered in Case Crime No. 57 of 2019 under Sections 366, 504,, 506 IPC, police station Gajner, District Rama Bai Nagar / Kanpur Dehat.
It has been contended that the victim herself is petitioner no. 1 and accused is petitioner no. 2 alongwith other family members. There is a joint affidavit of both the petitioners in support of the present writ petition seeking quashing of FIR dated 8.4.2019. Further contention is that as per affidavit itself the girl is 19 years old. Further reliance has been placed on the FIR itself which has been lodged by the father of the girl in which her age has been mentioned as 19 years. Reliance has been placed on the High School certificate of the year 2016 of petitioner no. 1 which shows that her date of birth is 20.2.2000. There is no dispute that the girl is adult as per admitted position of the record. Further contention is that both petitioner no. 1 and 2 are adult and have also solemnized marriage of their own sweet will without any fear, threat or coercion. Attention of the court has been drawn to the certificate of registration of marriage, which is annexed as Annexure-5 to the writ petition.
Since petitioner no. 1 is present before the court today, with the consent of learned counsel for both the sides, the court proceeds to examine her.
Accordingly, the court has examined petitioner no. 1. On being asked "Aapka naam Kya hai, She informed that "mera naam Jyoti hai". When she was asked "Kya affidavit per apne signature kiye hai" . She said "Haan, maine he sign kiya hai". Kya shaadi apni marji se ki hai, she says "haan".
In view of the facts and circumstances, keeping in view the statement made by the victim girl before this Court today 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 and 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, no purpose would be served in permitting the investigation to continue in pursuance of impugned FIR. It would be nothing but a sheer abuse of the process of law.
Accordingly, the writ petition stands allowed. The impugned FIR dated 8.4.2019 registered in Case Crime No. 57 of 2019 under Sections 366, 504,, 506 IPC, police station Gajner, District Rama Bai Nagar / Kanpur Dehat is hereby quashed.
Consequences to follow.
The family members of the victim girl are restrained from interfering in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2 and indulging in any act of violence with them. They are also injuncted from trying to contact the petitioners. In case they flout the order passed by this Court today, they will be personally answerable to this Court.
Order Date :- 30.4.2019 SKS