Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 6886 of 2018 Petitioner :- Smt. Neha Rani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.,Sunil Kumar Upadhyay,Thakur Prasad Dubey
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, Sri Abhishekh Mayank, learned counsel for the respondent no.4, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned counsel for the petitioners submits that the victim herself is petitioner no. 1 and the accused is petitioner no. 2; there is joint affidavit in support of the writ petition; as per the Aadhar Card, the date of birth of victim is 02.02.2000; as per the High School Mark Sheet, the date of birth of the victim is 05.05.2000 (two days short); and thus, apparently the girl is major/adult as on date; both are present before this Court. It has been mentioned in para nos. 5,6,7,8,9 that both are major and they have also solemnized marriage out of their own sweet, free will and they are living happily as husband and wife. Learned counsel for the petitioners has further placed reliance upon a judgment of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013. The contention is that the allegations as made in the first information report are false and baseless.
Learned counsel for the complainant has opposed the writ petition but he does not dispute the veracity of the High School Mark Sheet and he also does not dispute the age of girl as 18 years.
Petitioner nos. 1 and 2 are present before this Court and they have identified each other and also they have been identified by their counsel on the basis of the documents produced in his chamber. With the consent of the parties, the Court now proceeds to examine petitioner no. 1.
On being asked from petitioner no. 1 as to what is her name, she informs the Court that her name is "Neha Rani"; on being further asked as to what is her date of birth, she informs that her date of birth is "05.05.2000" as per High School Mark sheet-cum-certificate; on being further asked as to what is name of her husband, she told "Kishan Saini"; on being further asked as to what is name of her father, she told " Babu Ram"; on being asked, she informed the court that " Mai apni marji si ghar si bhagkar Kishan Saini ke sath sadi ki hai chunki mere maa bap and tau usi rat mujhi jan se marni ka plan bana rahe the and mere tau log mujhe bahut paresan kar rahi hai; on being asked, she informed the court that mere 8-9 chacheri bhai hai, sabhi log mujhe paresan karte hai and mujhe and mere pati ko jan se marna chahte hai; on being further asked, she informed the court that meri Tau Murari Lal Dhan Mandi me kam karte hai and roj mere ghar par police bhej kar pareshan karte hai, being further asked as she want to talk with her father, she told that "no". She has also made a statement that her father and mother are present outside the Court.
In view of the aforesaid facts and circumstances of the case and also in view of the statement of the girl made before this Court and also in view of the fact that the girl is a major as per High School Mark sheet-cum-certificate, no purpose would be served in keeping the present case pending before this Court. Accordingly the instant writ petition is allowed and the impugned FIR registered as Case Crime No. 0139 of 2018 u/s 363, 366 IPC, police station Bilaspur, District Rampur is hereby quashed. Consequences to follow.
The girl has expressed an apprehension before this Court that their lives are in danger as her father, mother and Tau namely Murari Lal are extending threat to them who are also standing outside the court room.
In view of the aforesaid, this Court hereby directs that the family members of the girl will not interfere in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2. In case, they interfere in the peaceful living of petitioner nos. 1 and 2 they will be personally answerable to this Court.
Let a copy of the order be forwarded to the concerned SSP/SP through the office of the Government Advocate who after receipt of the order shall ensure the safety of the petitioners and also shall ensure that the family members of the victim do not cause any harm or injury to the petitioners and shall ensure fair investigation of the matter without any whims, caprice or personal notion of morality.
The petitioners are also given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.
A copy of this order shall be forwarded to the Government Advocate for necessary compliance.
Order Date :- 30.4.2018 T.S.