Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 822 of 2018 Petitioner :- Smt. Kusum And 4 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.,Sanjive Kumar Gupta
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Despite of service of notice, no counter affidavit has been filed on behalf of respondent no. 4 and the State has also not filed a counter affidavit.
Heard learned counsel for the petitioner(s), learned counsel for respondent no. 4 and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0720/2017, under Section- 363, 366 IPC, P.S.- Sahaswan district- Budaun.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed. Further submission is that as per high school certificate-cum-marksheet, the date of birth of the girl, namely, Kusum is 30.04.1999 and hence, she is a major and petitioner nos.1 and 2 are major and they have also solemnized marriage out of their own sweet will without any pressure, threat or coercion and they are living happily as husband and wife, copy of the marriage certificate has also been annexed with the writ petition.
Learned A.G.A. as well as learned counsel for respondent no. 4 have strongly opposed the writ petition. However, the fact remains that they have not been able to dispute the marriage certificate as well as the high school certificate-cum-marksheet, as per which the date of birth of the girl is 30.04.1999 and the veracity of the high school certificate-cum-marksheet has not been challenged.
In view of the aforesaid facts and circumstances of the case and also in view of the high school certificate-cum-marksheet, as per which the date of birth of the girl is 30.04.1999, no purpose would be served in keeping the present case pending before this Court. Accordingly the instant writ petition is allowed and the impugned FIR registered as aforesaid case crime is hereby quashed. Consequences to follow.
The family members of the girl will not interfere in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2. In case, they interfere in the peaceful living of petitioner nos. 1 and 2, they will be personally answerable to this Court.
The petitioners are also given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.
Order Date :- 26.4.2018 Anand