Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14798 of 2019 Petitioner :- Smt. Neha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the petitioners and Sri Mithlesh Kumar, learned AGA appearing for the State.
The contention of the counsel for the petitioner is that the victim herself is the petitioner no.1 and the accused is petitioner no.2; that there is a joint affidavit filed in support of the writ petition, which has been filed seeking quashing of the impugned FIR dated 14.05.2019; that as per the FIR the age of the girl is 18 years; that there is no reason to disbelieve the age of the girl as mentioned in the FIR, which has been lodged by the father of the girl; that both the petitioner nos. 1 and 2 are adult and have solemnized their marriage, without any fear threat or coercion and at present leaving happily as husband and wife; the copy of registration of marriage is annexed on page no.21 of the writ petition.
The Court has been informed that the victim/petitioner no.1 is present before the Court and thus the Court proceeding to examine the girl by way of an abundant caution for knowing the validity of the fact as mentioned in the writ petition and also for the purposes of verifying as to whether she is a signatory to the said affidavit filed in support of the writ petition, as a deponent or not, and also to verifying her age, with the consent of counsel for the parties. On being asked ki ^^vkidk uke D;k gS**] she informed the Court ki ^^esjk uke usgk gS**A On being asked ki ^^vkids firk th dk uke D;k gS**] she informed the Court ki ^^esjs firk th dk uke ohj lSuh gS**A On being asked ki ^^D;k bl fjV fiVh'ku ds ,QhMsfcM ij vkids gLrk{kj gSa**] she informed the Court ki ^^gka W bl fjV fiVh'ku ds ,QhMsfcM ij eSus gh gLrk{kj fd;k gS**A On being asked ki ^^vkius 'kknh dj yh gS ckny ds lkFk**] she informed the Court ki ^^eSaus ckny ds lkFk 'kknh viuh ethZ ls dj yh gS***A On being asked ki ^^vkidh mez fdruh gS**] she informed the Court ki ^^esjh mez 19 lky gS**A On being asked ki ^^vkidks dSls ekywe fd vkidh mez 19 lky gSS**] she informed the Court ki ^^eq>s esjs ekkrk&firk us crkk;k Fkk**A 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.
The girl Neha is present before the Court, being an adult is free as to wherever she wants to go and with whom she wants to marry and no hindrance in her free movement will be placed by any of the respondents.
The writ petition is accordingly stands, allowed. The FIR dated dated 20.04.2019, which has been registered as Case Crime No.240 of 2019, under Section 363, IPC, Police Station Baghpat, District Baghpat., is hereby quashed.
Order Date :- 28.5.2019/VKG