Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4559 of 2019 Petitioner :- Mamta Kumari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Kumar Yadav Counsel for Respondent :- G.A.,R.B. Singh
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 05.06.2018 lodged by the respondent no.3 at P.S. Mant, District Mathura as Case Crime No. 363, 366 and 498 I.P.C.
The allegations in the first information report, which has been lodged by the father of Mamta (the petitioner no.1), is that Mamta was married to Neeraj and that she has been enticed away by the accused (Bholu- petitioner no.2).
The accused-Bholu and Mamta have jointly filed this petition by claiming that the petitioner no.1 has not been enticed away by the petitioner no.2. Both are adult and both are voluntarily with each other and have solemnised their marriage on 04.02.2019.
By our order dated 21.02.2019, we had required the personal presence of the respondent no.3 as also petitioner no.1.
The petitioner no.1 has been produced by Sri Devendra Kumar Yadav, learned counsel for the petitioners and the identity of the petitioner no.1 has not been disputed by her father Veeri (respondent no.3), who is also present before the Court and identified by his counsel Sri R.B. Singh, Advocate.
Mamta has stated before us and in the presence of the respondent no.3 that she has not married Neeraj and that she is voluntarily with the petitioner no.2.
It is not in dispute that Mamta is an adult because in the first information report itself it is stated that she is aged 22 years.
Under the circumstances, as Mamta is an adult and she is voluntarily with the petitioner no.2, no offence punishable under Sections 363 and 366 I.P.C. is made out.
In so far as the offence punishable under Section 498 I.P.C. is concerned, as it is a non-cognizable offence, the first information report in respect to it cannot be registered.
In view of the above, the petition is allowed. The impugned first information report dated 18.06.2018 registered at P.S. Mant, District Mathura, under Sections 363, 366 and 498 I.P.C. is hereby quashed. There is no order as to costs.
At this stage, the learned counsel for the petitioners has stated that a number of persons have arrived from the village of the petitioner no.1 and are stalking the petitioner no.1 therefore some protection may be provided to the petitioner no.1 for transit to her native place.
In view of the above, it is hereby provided that if the petitioners apply for security to the Senior Superintendent of Police, Allahabad then security shall be provided to the petitioner no.1 for her transit to the native village. If there is any threat perception to the petitioners at their native place, it would be open to the petitioners to apply to the Senior Superintendent of Police of the district concerned for security.
Let a copy of this order be supplied to the learned A.G.A. today itself for information and compliance.
Order Date :- 27.2.2019 Sunil Kr Tiwari