Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 33693 of 2018 Petitioner :- Pradeep Kumar Chauhan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and Sri Deepak Kumar Tripathi, learned counsel for the respondent no.3 (the first informant).
We have also heard Sri Mohd. Nadeem, learned AGA.
The writ petition was filed challenging the first information report registered as Case Crime No. 0270 of 2018 under Sections 376 and 506 IPC, PS Munderwa, District Basti.
Today when the case has been taken up, Sri Deepak Kumar Tripathi, learned counsel for the first informant Jaya (respondent no.3) has filed counter affidavit before this Court, which is taken on record.
In paragraph 3, 4 and 5 of the said counter affidavit, it has been clearly mentioned that the petitioner no.1 and respondent no.3 have solemnized marriage on their own free will on 20.6.2018 and the marriage is registered before the Registrar of Marriage on 14.11.2018 and since then both are living together happily as husband and wife.
In paragraph no. 6 of the said counter affidavit, the deponent no.3 herself mentioned and prayed to this Hon'ble Court:-
"This Hon'ble Court may graciously be pleased to quash the First Information Report dated 07.09.2018 registered as Case Crime No. 0270 of 2018, under Sections 376 and 506 IPC, Police Station Munderwa, District-Basti and the deponent has no objection in the interest of justice."
The Court has further been informed that Jaya is present before the Court and thus by way of abundant caution, the court proceed to examine the girl Jaya, who is also the first informant.
On being asked ki aapka nam kya hai, she informs ki mara nam Jaya hai. On being further asked ki fir appne FIR kyu likhai thi, she informs the Court kyu ki ye shadi nhi kr rhe the to logo ke behkave me aakr maine FIR likha di thi.
She further submits maine ab shadi kr li hai, mai khus hu, aur mukadama nhi ladna chahati hu. Es case ko yahi pr khatam kr de.
Thus, keeping in view the statement made by the first informant appearing in person before this Court and keeping in view the contention as has been made in the counter affidavit, deponent of which is the first informant herself, case for grant of indulgence has been made out.
Accordingly, the first information report dated 7.9.2018 registered as Case Crime No. 0270 of 2018 under Sections 376 and 506 IPC, PS Munderwa, District Basti, is hereby quashed and the writ petition stands allowed.
Order Date :- 28.11.2018 Ravi Kant