Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24380 of 2019 Petitioner :- Kajal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed seeking quashing of the first information report dated16.11.2019 as Case Crime No.381 of 2019, under Section 366 I.P.C., Police Station Syana, District Bulandshahar. The first information report has been lodged by the respondent no.3, who is the father of the petitioner no.1 herein.
The petitioners are present in person and have been identified by their counsel Sri Dinesh Kumar.
We have examined the petitioner no.1 Smt. Kajal, who has stated before us that she is aged about 19 years and has married petitioner no.2 Arjun and she wants to live with him. In proof of age the petitioner no.1 has filed her school examination certificate of 2017 wherein her date of birth is mentioned as 20.06.2001, according to which she is more than 18 years of age.
The petitioner no.2 Arjun has filed adhar card as annexure-3 to the writ petition, according to which his date of birth is 12.08.1998.
Learned counsel for the petitioners submitted that both the petitioners are major and they have solemnized their marriage according to Hindu rituals. Copy of the marriage certificate has been filed as Annexure-4 to the writ petition.
The Supreme Court in its judgement passed in Civil Appeal No.4532 of 2018 (Suhani and another vs. State of U.P. and others) has held as under:
"Considering the findings of physical, dental and radiological examinations we are of the considered opinion that the bone age of petitioner Miss. Suhani is between 19-24 years. In view of the conclusion arrived at by the All India Institute of Medical Sciences, we are of the considered opinion that the petitioner no.2 is a major and the High Court was not correct in directing her to say in Nari Niketan, Allahabad. The petitioner no.1 admits the factum of marriage, before us. Therefore, she is entitled to accompany the petitioner no.2, who is her husband.
In view of our conclusion that she is an adult and she had gone voluntarily with the petitioner no.2 and entered into wedlock, the criminal proceedings initiated under section 363, 366 of the Indian Penal Court against the petitioner no.2 stands quashed. We have passed this order of quashing the proceedings to do complete justice."
In the present case, it is not disputed between the parties that the petitioner no.1 Smt. Kajal and the petitioner no.2 Arjun Singh @ Arjun are major aged about 19 years and 21 years respectively and petitioner no.1 has stated that she wants to live with her husband petitioner no.2.
Considering the facts and circumstances of the case and keeping in view the law as laid down by the Supreme Court rendered in the case of Suhani (supra) as well as the fact that both the petitioners are major and the victim/girl has married with the petitioner no.2 out of her own volition, we therefore, quash the impugned F.I.R.
The writ petition stands allowed.
Order Date :- 29.11.2019 Jitendra