Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 22387 of 2017 Petitioner :- Smt. Pooja Devi And 2 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ram Prasad Yadav Counsel for Respondent :- G.A.,Swapnil Srivastava
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
List revised. None is present for petitioners, Sri Swapnil Srivastava 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.
Perusal of the earlier order dated 13.10.2017 shows that victim herself is petitioner no. 1 and the accused is petitioner no. 2; petitioner no. 1 and 2 are major and they have also solemnized marriage and they are living happily as husband and wife. Learned counsel for the petitioner 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 which is annexed at page 29 of the writ petition, according to which the date of birth of the victim is 15.07.1997. He also does not dispute the age of the victim and her status being major.
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, 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. 0945 of 2017 u/s 363 IPC, police station Lalganj, District Basti is hereby quashed. Consequences to follow.
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 :- 30.5.2018 Ujjawal