Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24347 of 2019 Petitioner :- Pragati Trivedi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Srivastava,Chandra Bhan Gupta Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard Shri Anand Srivastava, learned counsel for the petitioners and the learned A.G.A. for the State as well as Shri Anil Babu, learned counsel who has filed his Vakalatnama on behalf of the respondent no. 4.
The petitioners in this writ petition are seeking quashing of F.I.R. registered as Case Crime No. 0545 of 2019 under sections 363, 366 I.P.C. Police Station Phaphund District Auraiya.
It is submitted by learned counsel for the petitioners that petitioner no. 1 is major and has married with petitioner no. 2 out of her own free will. She left the house of his father on 5.11.2019 and since the father of the petitioner no. 1 was not agreeable with this marriage he has lodged the impugned F.I.R. against the petitioner no. 2 levelling false allegations.
Both the petitioners are present before this court. On enquiry the petitioner no. 1 has stated before the court that she is major and has married the petitioner no 2 Arun Kumar alias Mangal Dubey out of her own free will and she wants to live with her husband.
Father of the petitioner no. 1-respondent no. 4 is also present in the court and therefore we gave an opportunity to the petitioner no. 1 of talking to the respondent no. 4, her father and after almost 20 minutes we have taken up the case and again the petitioner no. 1 has stated that she wants to live with her husband petitioner no 2 and wants to go with him.
So far as the age of the petitioner no. 1 is concerned, Certificate cum mark sheet of High School has been annexed as Annexure-
2 to the writ petition in which her date of birth has been mentioned as 12.5.2000 which means that she is major.
Shri Anil Babu, learned counsel for the respondent no. 4 in these circumstances submits that in these circumstances there remains nothing and FIR may be quashed.
The Supreme Court in its judgement passed in Civil Appeal No. 4532 of 2018 (Suhani and another Vs. State of U.P. and others) has held as under:
"Considering the findings of physical, dental and radiological examinations we are of the considered opinion that the bone age of petitioner Miss. Suhani is between 19 - 24 years. In view of the conclusion arrived at by the All India Institute of Medical Sciences, we are of the considered opinion that the petitioner no 1 is a major and the High Court was not correct in directing her to stay in Nari Niketan, Allahabad. The petitioner no. 1 admits the factum of marriage, before us. Therefore, she is entitled to accompany the petitioner no. 2, who is her husband.
In view of our conclusion that she is an adult and she had gone voluntarily with the petitioner no. 2 and entered into wedlock, the criminal proceedings initiated under section 363, 366 of the Indian Penal Court against the petitioner no. 2 stands quashed. We have passed this order of quashing the proceedings to do complete justice."
In the present case, it is not disputed between the parties that the petitioner no. 1-Pragati is major aged about 19 years. We have examined the girl petitioner no. 1 and she stated that she wants to live with her husband petitioner no. 2. She has also deposed that she is fully mature to take decision by herself.
Accordingly, this writ petition is allowed and we quash the impugned F.I.R. registered as Case Crime No. 0545 of 2019 under sections 363, 366 I.P.C. Police Station Phaphund District Auraiya. Petitioner no. 1 is free to go with petitioner no. 2.
At this stage, petitioner no. 1 expressed her apprehension that if she goes out of the court she would be assaulted by the respondent no. 4 and other family members who are standing outside the court and she apprehends threat to her life as well as life of the petitioner no. 2.
However, Shri Anil Babu, learned counsel for the respondent no. 4, who is father of the girl undertakes that no such incident will happen as he has spoken to the respondent no. 4.
Order Date :- 28.11.2019 o.k.