Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38049 of 2018 Petitioner :- Pooja And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- G.A.,Kashi Naresh Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri J.S. Pandey, learned counsel for the petitioners, Sri Kashi Naresh Mishra, learned counsel for the caveator and Sri Prabhash Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 12.12.2018 registered as Case Crime No.0498 of 2018, under sections 363, 366 I.P.C., police station Jawa, District Aligarh Learned counsel for the petitioners submitted that the prosecutrix/petitioner no. 1 and petitioner no. 2 are major aged about 18 years and 25 years respectively as per high school certificate and Adhar card respectively. There was love affair between the petitioner no. 1 and 2 and they both have performed marriage on 10.12.2018 in Arya Samaj Mandir Greater NOIDA (Gutambudh Nagar) Behind City Part Shiv Manid Nawada Gautambudh Nagar, copy of which has been annexed as Annexure-3 to the writ petition. He next argued that the petitioner no. 1 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no. 2 and that she was major, it cannot be said that any cognizable offence against the petitioners is made out, hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos. 1 and 2 are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013), that, offence has been committed under Section 366 I.P.C., cannot be approved of.
Per contra learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions made by the learned counsel for the petitioners.
Learned AGA has not been able to demonstrate that either the prosecutrix Smt. Pooja was minor on the date of the incident or that she had been kidnapped or abducted by the petitioner nos. 2 to 6, in view of the above it cannot be said that the petitioners have committed any cognizable offence.
The writ petition accordingly succeeds and is allowed.
The impugned FIR and all subsequent proceedings taken against the petitioners in pursuance thereof are hereby quashed.
There shall however be no order as to costs.
(Raj Beer Singh,J) (Ramesh Sinha,J.) Order Date :- 21.12.2018 Manoj