Case :- CRIMINAL MISC. WRIT PETITION No. - 14354 of 2018 Petitioner :- Smt. Priti Kumari And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Sharma Counsel for Respondent :- G.A.,Deepak Gaur
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the respondents no.1, 2 and 3. None appeared on behalf of respondent no.4.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 27.04.2018 registered as Case Crime No. 251 of 2018, under Sections 363, 366 I.P.C., Police Station Kotwali, District Etawah.
Following interim order was passed by another co-ordinate Bench of this Court in this case on 30.05.2018 :-
"Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2 are major and they have also solemnized their marriage and they are living happily as husband and wife; victim herself is the deponent of the affidavit filed in support of the writ petition; as per the adhar card the age of the girl is 24 years. He further informed the Court that both the petitioners are present before this Court today.
Smt. Priti Kumari - petitioner no. 1 is present before this Court today and she has identified petitioner no. 2 - Rahul Kumar @ Daddu, 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 Priti. 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.
Sri Deepak Gaur, learned counsel has accepted notice on behalf of respondent no. 4 - Shekhar Kashyap.
Counter affidavit to be filed within four weeks by the learned A.G.A. as well as respondent no. 4 and rejoinder affidavit to be filed within three weeks thereafter.
List thereafter before the appropriate Court.
It is directed that until further orders of this Court, the petitioners shall not be arrested relating to case crime no. 0251 of 2018, U/s 363, 366 IPC, P.S. Kotwali, District Etawah."
Learned counsel for the petitioners submitted that the petitioner no. 1 Smt. Priti Kumari had solemnized marriage with petitioner no. 2 Rahul Kumar voluntarily after leaving her parental home on her own accord. Therefore, it cannot be said that the petitioners have committed any cognizable offence and hence impugned F.I.R. is liable to be quashed.
Learned A.G.A. for the State has not disputed the fact that petitioner no.1, Smt. Priti is major and she had solemnized marriage with petitioner no.2 Rahul Kumar voluntarily after leaving her parental home on her own accord.
After having heard the learned counsel for the parties and perused the other material brought on record, we are of the opinion that since the petitioner no.1, Smt. Priti was major on the date of occurrence and she had solemnized marriage with petitioner no.2 Rahul Kumar voluntarily after leaving her parental home on her own accord, it cannot be said that petitioners have committed any offence under Sections 363, 366 I.P.C.
In the result, the writ petition succeeds and is accordingly allowed.
The impugned F.I.R. dated 27.04.2018 registered as Case Crime No. 251 of 2018, under Sections 363, 366 I.P.C., Police Station Kotwali, District Etawah, as well as all proceedings initiated in pursuance to the same are hereby quashed.
There shall however be no order as to costs.
Order Date :- 13.9.2018 Anand Sri./-