Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13864 of 2018 Petitioner :- Nadeem Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mirza Ali Zulfaqar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Ram Surat Patel, Advocate has filed counter affidavit on behalf of respondent no.4 which is taken on record.
Heard Sri M.A. Zulfaqar, learned counsel for the petitioner, Sri Ram Surat Patel, learned counsel for the respondent no.4 and Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 27.1.2018, registered as case crime no.42 of 2018, u/s 376, 506 IPC and 6 POCSO Act and 5 Medical Termination of Pregnancy Act, 1971, P.S. Ganj, district Rampur.
Learned counsel for the petitioner submitted that admittedly the victim is a major girl aged about 20 years. Nikah between the petitioner and the victim-respondent no.4 has been performed. The victim herself is the informant of the case. It appears from her statement u/s 164 Cr.P.C. that they were consenting party. The present FIR has been lodged by the informant on the ground that their marriage could not be performed and prior to it, sexual relationship was established between the parties. As on date both the petitioner and victim are living together.
Per contra learned counsel for the respondent no.4 as well as learned AGA admitted the fact that the petitioner and victim are living together as on date and have no grievance against each other.
The writ petition is accordingly allowed.
The impugned FIR and all subsequent proceedings taken against the petitioner in pursuance thereof are hereby quashed.
There shall, however, be no order as to costs.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 Gaurav