Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11265 of 2019 Petitioner :- Kuldeep And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners 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 dated 23.9.2018 registered as Case Crime No. 159 of 2019, under Sections 363, 366 I.P.C., Police Station- Khaga, District Fatehpur.
Learned counsel for the petitioners submits that victim is petitioner no.2 - and accused is petitioner no. 1; both are major and have also solemnized their marriage and they are living happily as husband and wife; there is joint affidavit of the petitioners filed in support of the present writ petition; victim is aged about 18 years as per the Adhar Card. Much reliance has been placed upon the affidavit given by the girl addressed to the S.P., Khaga, Fatehpur, contents of which are self explicit. He further informed the Court that both the petitioners are present before this Court today.
Since petitioner no. 2 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her.
Accordingly, the Court has examined petitioner no. 2, who has made a statement before this Court that her name is Anju and her age is 18 years. Petitioner no. 1 further made statement that "main kaksha aath tak padhi hun, jo affidavit writ mein laga hai wah maine hi likh kar diya hai, pita ke bare mein jo bhi likha wah sab sahi hai". She further informed the Court that she married with petitioner no. 1 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. 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 dated 13.4.2019 registered as Case Crime No. 159 of 2019, under Sections 363, 366 I.P.C., Police Station- Khaga, District Fatehpur is hereby quashed. Consequences to follow.
Order Date :- 29.4.2019 Kuldeep