Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15628 of 2019 Petitioner :- Madan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh,Nandan Singh Yaduvanshi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This is third writ petition filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 379 of 2018, under Sections 366 I.P.C., Police Station- Bidhuna, District Auraiya. Earlier the petitioner has approached this Court by filing a writ petition being no. 28787 of 2018 which was disposed of vide order dated 10.10.2018. The first writ petition was dismissed as withdrawn as there was some error in the petition.
The contention is that in compliance of the order of this Court, the statement of the girl has been recorded under Section 164 Cr.P.C., copy of which has been annexed wit the writ petition, contents of which are self explicit. Now the police authorities are harassing the petitioners under the garb of fair investigation whereas the victim girl has given birth to a child about six months ago.
Since the victim girl is present before this Court today, with the consent of learned counsel for the parties, the Court proceeds to examine her.
Accordingly, the Court has examined victim girl, who has made a statement before this Court that her name is Purnima Pal and her age is 18 years as per the medical certificate. Girl is also having a child in her lap. She further informed the Court that she married with petitioner 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 aforementioned impugned FIR is hereby quashed. Consequences to follow.
Order Date :- 31.5.2019 Kuldeep