Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10932 of 2018 Petitioner :- Kuldeep Kumar @ Kuldeep Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Rajeev Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and the 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. 02 of 2018, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station- Biwar, District Hamirpur.
Learned counsel for the petitioner submits that petitioner is named in the FIR though the petitioner and the girl both are major and they have solemnized marriage out of their own sweet will without any fear, threat or coercion. The Court has been informed that girl is major and is a student of class XII and at present she is in Nari Niketan, Kanpur; their marriage is registered which certificate is annexed at page 29 of the writ petition and statement of the girl under Section 164 Cr.P.C. has been recorded in favour of the petitioner.
In view of the facts and circumstances of the case and with the consent of learned counsel for the parties 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, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-
(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioner, however they shall participate and cooperate with the investigation;
(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with law without any whims, caprice or personal notion of morality;
(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view 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.
(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;
(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.
The writ petition, accordingly, stands disposed off finally.
Order Date :- 30.4.2018 Ujjawal