Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16001 of 2019 Petitioner :- Komal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kuamr Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Sri Ram Pandey, Advocate has filed his power on behalf of respondent no.4 which is taken on record.
Heard Sri Rakesh Kumar Yadav, learned counsel for the petitioners, Sri Ram Pandey, learned counsel for the respondent no.4 and Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 26.5.2019, registered as case crime no.217 of 2019, u/s 366 IPC, P.S.Garhmukteshwar, district Hapur.
Learned counsel for the petitioners submitted that the prosecutrix/petitioner no.1 and petitioner no.2 are major aged about 24 years and 23 years respectively as per high school mark-sheet and Adhar Card. There was love affair between the petitioner no.1 and 2 and they both have performed marriage on 1.6.2019 as per Hindu customs. He next argued that the petitioner no.1 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no.2 and that she was major, it cannot be said that any cognizable offence against the petitioner nos.2 is made out and hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos.1 and 2 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 Section 366 I.P.C., cannot be approved of.
Per contra learned counsel for the respondent no.4 as well as learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions made by the learned counsel for the petitioners.
Learned counsel for the respondent no.4 as well as learned AGA has not been able to demonstrate that either the prosecutrix Smt. Komal was minor on the date of the incident or that she had been kidnapped or abducted by the petitioner no.2, in view of the above it cannot be said that the petitioner nos.2 has committed any cognizable offence.
The writ petition accordingly succeeds and is allowed.
The impugned FIR and all subsequent proceedings taken against the petitioners in pursuance thereof are hereby quashed.
There shall, however, be no order as to costs.
Registrar General shall ensure that petitioner no.1 Smt. Komal shall leave the premises of the Court safely.
SSP, Allahabad shall ensure that the petitioner no.1 Smt. Komal is left to the place of her choice alongwith the persons with whom she came to this Court.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Gaurav