Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29365 of 2018 Petitioner :- Mehtab And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1, 2 and 3.
Issue notice to the opposite party no. 4.
Each one of the respondent is accorded four weeks' time to file counter affidavit.
Rejoinder affidavit may also be filed within two weeks' thereafter. List after six weeks'.
On the matter being taken up today, Smt. Guddi D/o Idris, petitioner no. 2 is present in Court and she claims that she is major and on her own freewill, walked out from her parental house and has entered into matrimonial alliance with Mehtab S/o Ikbal, petitioner no. 1.
Both the petitioners have contended that once they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, that, offence has been committed under Sections 363, 366 I.P.C., cannot be approved of.
The petitioners are present in the Court and have been identified by their counsel.
Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 06.10.2018 registered as Case Crime No. 662 of 2018, under Section 366 I.P.C., P.S. - Dhaulana, District - Hapur, no coercive action be taken against the petitioners.
Order Date :- 12.10.2018 RPD