Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24338 of 2019 Petitioner :- Manju Kumari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Verma,Siya Ram Verma Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard Sri Arvind Kumar Verma and Sri Siya Ram Verma, learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioners in this writ petition are seeking quashing of F.I.R. dated 05.10.2019 registered as Case Crime No. 0368 of 2019 under sections 363, 366 I.P.C. Police Station Chhata, District Mathura.
It is submitted by learned counsel for the petitioners that petitioner no. 1 is major and has married petitioner no. 2 out of her own free will and since the father of the petitioner no. 1 was not agreeable with this marriage he has lodged the impugned F.I.R. against the petitioner no. 2 levelling false allegations.
Both the petitioners are present before this court. On enquiry the petitioner no. 1 has stated before the court that she is major and has married the petitioner no 2 Ramveer Singh out of her own free will and she wants to live with her husband.
So far as the age of the petitioner no. 1 is concerned, Certificate-cum- mark sheet of High School has been annexed as Annexure-2 to the writ petition in which her date of birth has been mentioned as 10.02.2001 which means that she is major. Whereas the date of birth of the petitioner no.2 as per High School Certificate-cum-mark sheet, which was annexed as Annexure-3 to the writ petition is 22.05.1995 which means that he is also major.
Learned AGA submits that in these circumstances there remains nothing in this case and FIR may be quashed.
The Supreme Court in its judgement passed in Civil Appeal No. 4532 of 2018 (Suhani and another Vs. State of U.P. and others) has held as under:
"Considering the findings of physical, dental and radiological examinations we are of the considered opinion that the bone age of petitioner Miss. Suhani is between 19 - 24 years. In view of the conclusion arrived at by the All India Institute of Medical Sciences, we are of the considered opinion that the petitioner no 1 is a major and the High Court was not correct in directing her to stay in Nari Niketan, Allahabad. The petitioner no. 1 admits the factum of marriage, before us. Therefore, she is entitled to accompany the petitioner no. 2, who is her husband.
In view of our conclusion that she is an adult and she had gone voluntarily with the petitioner no. 2 and entered into wedlock, the criminal proceedings initiated under section 363, 366 of the Indian Penal Court against the petitioner no. 2 stands quashed. We have passed this order of quashing the proceedings to do complete justice."
In the present case, it is not disputed between the parties that the petitioner no. 1-Manju is major aged about 19 years. We have examined the girl petitioner no. 1 and she stated that she wants to live with her husband petitioner no. 2. She has also deposed that she is fully mature to take decision by herself.
Accordingly, this writ petition is allowed and we quash the impugned F.I.R. dated 05.10.2019 registered as Case Crime No. 0368 of 2019 under sections 363, 366 I.P.C. Police Station Chhata, District Mathura.Petitioner no. 1 is free to go with petitioner no. 2.
Order Date :- 28.11.2019 N Tiwari