Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10652 of 2018 Petitioner :- Smt. Parul Devi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravikant Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Certified copy of the FIR filed today is taken on record. Accordingly, the exemption application is disposed of.
Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2; both are major and they have also solemnized their marriage and they are living happily as husband and wife; there is a joint affidavit of both the petitioners in support of the present writ petition; as per the adhar card the victim is aged about 23 years and in the high school certificate the age of petitioner no. 1 is 6.8.1994, even as per the FIR, the age mentioned of the girl is 23 years. He further informed the Court that both the petitioners are present before this Court today.
Smt. Parul - petitioner no. 1 is present before this Court today and she has identified petitioner no. 2, 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.
Accordingly, the Court has examined petitioner no. 1, who has made a statement before this Court that her name is Parul and her age is 23 years. Petitioner no. 1 also informed the Court that she has married with petitioner no. 2, who is present before this Court today. She further informed the Court that she married with petitioner no. 2 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. She further contends 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 aforesaid facts and circumstance and also 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 principles as laid down 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, a case for grant of indulgence is made out.
Learned AGA, who has accepted notices on behalf of respondent nos. 1 to 3, may file a counter affidavit within two weeks.
Issue notice to respondent no. 4, which shall be served through CMM, concern. The notice will clearly reflect the next date fixed in the matter is 14.5.2018, on which date respondent no. 4 shall be personally present before this Court. The notice shall also specify that on the said date, the matter shall be heard and decided finally.
The CMM concerned after effecting service upon respondent no. 4 shall submit a report before this Court through the office of Registrar General of this Court.
List on 14.5.2018, on which date the matter shall be heard and decided finally.
It is made clear that the girl and boy, who are present today, will also be present in person on the next date of listing i.e. on 14.5.208.
It is directed that till the next date of listing, petitioners shall not be arrested relating to case crime no. 640 of 2017, U/s 366, 120B IPC, P.S. Ghatampur, District Kanpur Nagar.
Let a copy of the order be communicated to the office of Government Advocate.
Let a copy of the order be also placed before the Registrar General of this Court for necessary compliance.
Order Date :- 26.4.2018 Kuldeep