Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11396 of 2019 Petitioner :- Mona And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pravesh Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners and Sri Yogeshwar Rai, learned AGA for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR dated 22.11.2015 registered as case crime no. 0945 of 2015, Under Sections 363, 366, 504, 506 I.P.C., Police Station Quarsi, District Aligarh.
Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2; on being enquired that the FIR is dated 20.11.2015, the Court has been informed that after solemnizing marriage petitioner no. 1 and petitioner no. 2 had gone out from the village and as such they were not aware about the lodging of the FIR; it was only about a week back when some villagers said to them that police are searching for them, then they have approached for quashing the FIR; victim is petitioner no.1 - and accused is petitioner no. 2 both are major and have also solemnized their marriage on their own free will and they are living happily as husband and wife; contention is that the victim Mona was living with her own consent with petitioner no. 2 since year 2015 and they solemnized their marriage in year 2017 and now they have young child aged about 1 and half years; there is joint affidavit in support of the writ petition seeking quashing of the FIR dated 20.11.2015; He further informed the Court that both the petitioners are present before this Court today.
Learned A.G.A. does not dispute the fact that the FIR pertains to the year 2015.
Smt. Mona - petitioner no. 1 is present before this Court today and she has identified petitioner no. 2 - Dharmendra Kumar, who is also present before this Court today, as her husband, who in turn identified petitioner no. 1 as his wife.
Learned counsel for the petitioners has identified both the petitioners on the basis of documents produced before him in his chamber as a counsel.
Since petitioner no. 1 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her about her doing a signature on the affidavit filed in support of the writ petition and also about the child.
Accordingly, the Court has examined petitioner no. 1, who has made a statement before this Court that her name is Mona and her age is 21 years and "Ye Mera Signature Hai". She informed that her husband is also present and she has small child in her lap. She says that "Maine 2015 Me Ghar Chora aur 2015 Se Ham Jalandhar Me Rah Rahe The" but Hamne Sadi 2017 Me Ki aur baby 2017 me hua". She informed the Court that her date of birth year is 1999 and "Mata Pita ne age ko school certificate me kam karke likhwaya hai". Marriage certificate annexed to the writ petition.
Looking to the facts that the girl is an adult apparently and she has faced the query of the Court with full confidence and also looking to the fact that she is living with petitioner no. 2 since 2015, this Court does not deem it proper to remain the girl is police custody and 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 impugned FIR dated 22.11.2015 registered as case crime no. 0945 of 2015, Under Sections 363, 366, 504, 506 I.P.C., Police Station Quarsi, District Aligarh is hereby quashed. Consequences to follow.
However, liberty is given to the respondents that in case subsequently it is found that some facts have been concealed or fabricated documents have been annexed with the writ petition, they may file a recall application before this Court itself.
Order Date :- 30.4.2019 Swati