Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20101 of 2019 Petitioner :- Krishna Verma And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Hitesh Pachori, learned counsel for the petitioners, Sri Prabhash Pandey, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 and 3.
Issue notice to the opposite party no.4.
Each of the respondent is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within two weeks thereafter. List after six weeks.
Learned counsel for the petitioners submits that the victim-petitioner no.2 as per the high school certificate copy of which is annexed at page-21 of the present petition is a major girl aged about 21 years. It is next contended that according to the Marriage Certificate dated 7.10.2017 which is annexed at page 24 of the writ petition the petitioner no.2 and petitioner no.1 are major and they have solemnized their marriage on 4.3.2017 at Sharda Vihar Dayalbagh, Agra. He further contended that once they 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 Sections 363, 366 I.P.C., cannot be approved of.
Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 20.6.2019 registered as Case Crime No.0407 of 2019, u/s 363 IPC, police station New Agra, District Agra no coercive action be taken against the petitioners.
It is made clear that if the petitioners do not take steps to serve notice to respondent no.4 within two weeks' from today, the interim protection granted above shall automatically vacated and this petition shall stand dismissed without further reference to any other Bench of this Court.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Neeraj