Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10361 of 2018 Petitioner :- Smt. Priya Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sohan Lal Yadav,Ripu Soodan Yadav Counsel for Respondent :- G.A.,Madan Mohan,Parmeshwar Yadav
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Parmeshwar Yadav learned counsel for respondent no.4.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 86 of 2018, under Sections 363, 366 IPC PS Sarai Mamrej District Allahabad.
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; their marriage is certificate and registration certificate has been annexed at page 22 of the writ petition; there is a joint affidavit of both the petitioners in support of the present writ petition; as per the adhar card / high school certificate the date of birth of petitioner no.1 is 12.8.1998. As per the FIR itself the age of the girl is 19 years. He further informed the Court that both the petitioners are present before this Court today.
Smt.Priya Yadav petitioner no.1 is present before this Court today and she has identified Deepak Kumar petitioner no.2, 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 Priya Yadav 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 Smt Priya Yadav- petitioner no. 1, who has made a statement before this Court that her name is Priya Yadav and her age is 19 years. 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. On being asked from the girl that "kya shadi ke bare me aap ne apne parents ko bataya tha" she informs the Court that "agar hum shadi ke bare me ghar walo ko bata dete, to woh hame maar dete". On being asked that "kya aap apne parents se milna ya baat karna chahengi" she has informed the court that "nahi mujhe apne parents se milna ya baat nahi karna hai aur wo apne pati ke sath jana chahti hai". 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.
It is not being disputed by learned counsel for respondent no.4 that the girl is adult. The Court has been further informed by learned counsel for respondent no.4 on the basis of instructions received by him from the father of the girl that in case the girl had informed the father about her decision to marry with petitioner no.2, he himself would have participated and would have got the girl married with petitioner no.2.
In view of the aforesaid facts and circumstances of the case, 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 aforesaid case crime is hereby quashed. Consequences to follow.
The petitioners have expressed an apprehension before this Court that their lives in danger as family members including father of the girl (respondent no.4) are extending threat to them.
In view of the aforesaid, this Court hereby directs that respondent no.4 and other family are hereby restrained to interfere in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2. In case, they interfere in the peaceful living of petitioner nos. 1 and 2 they will be personally answerable to this Court.
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.
Order Date :- 24.4.2018 SP