Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 16536 of 2020 Petitioner :- Neelam Yadav And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The instant petition has been filed challenging the impugned F.I.R. registered as Case Crime No. 0279 of 2020, under Sections 363, 366 I.P.C. Police Station Kayamganj, District Fatehgarh with a further prayer to stay their arrest during pendency of investigation of the said case.
It is a joint petition by victim girl as well as the accused. The allegation in the F.I.R. is that victim girl who is daughter of first informant and aged about 15 years was kidnapped by petitioner no. 2 on 05.10.2020. He has thus committed offence under Sections 363 and 366 I.P.C.
The submission of learned counsel for the petitioners is that the petitioners are living together out of their own sweet will. Both of them are major. In support of said contention, High School certificate of victim girl has been brought on record as Annexure-2 wherein her date of birth is recorded as 21.09.2002. Adhar Card of petitioner no. 2 mentions his date of birth as 01.01.1996.
Admittedly, it is a joint petition by the victim and accused. Both of them are major as per documents brought on record. Their marriage was solemnized on 15.10.2020. The photographs of the marriage which has been allegedly solemnized in temple have been brought on record.
Respondent no. 6 has entered appearance through counsel Sri S.K.S. Parmar. He does not dispute the correctness of the High School certificate of petitioner no. 1 wherein as noted above her date of birth is recorded as 21.9.2002. Therefore, on the date of alleged incident i.e. 05.10.2020 she was more than 18 years of age and thus, major. Consequently, she has right to live with person of her choice. No offence is made out against the accused and permitting further investigation to continue would only just in harassment of the parties. We, therefore, quash the impugned F.I.R.
The writ petition is allowed.
.
(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.1.2021 Manoj