Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15499 of 2019 Petitioner :- Khushee And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and 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. 38 of 2019, under Sections 363, 366, 506 I.P.C., Police Station- Kotwali Dehat, District Bijnor.
Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2; victim herself is the deponent of the affidavit filed in support of the writ petition; both petitioner nos. 1 and 2 are living happily in live in relationship; FIR itself shows that the girl has eloped with the petitioner no. 2; much reliance has been placed upon the high school marksheet of the girl as per which the date of birth of the girl is 5.1.2001. He further informed the Court that both the petitioners are present before this Court today.
Since the girl - petitioner no. 1 is present before this Court today, with the consent of learned counsel for the parties, the Court proceeds to examine her only for the purposes of knowing as to whether she is the signatory of the affidavit filed in support of the writ petition or not.
Accordingly, the Court has examined petitioner no. 1, who has made a statement before this Court that her name is Khushee and her age is 19 years. Petitioner no. 1 also informed the Court that wah apne marzi se Mohsin ke saath rah rahi hai, affidavit par mere hi sing hai, mere upar kisi ka dabav nahi hai". She further contends that 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, 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 registered as Case Crime No. 38 of 2019, under Sections 363, 366, 506 I.P.C., Police Station- Kotwali Dehat, District Bijnor is hereby quashed. Consequences to follow.
Order Date :- 31.5.2019 Kuldeep