Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 4947 of 2018 Petitioner :- Smt. Priyanka Thapa And Anr.
Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Brij Raj Singh Counsel for Respondent :- G.A.,Mohd. Irfan
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
List has been revised.
Ms. Sweta Srivastava, learned counsel is present for the petitioners.
Even though, the name of Sri Mohd. Irfan has been shown as counsel for private respondent, but the record does not show that any counter affidavit has been filed on behalf of the private respondent and Sri Mohd. Irfanis also not present in the revised list.
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. 06 of 2018, under Sections 366 I.P.C., Police Station- Armapur, Kanpur District Kanpur Nagar.
We have perused the interim order dated 27.2.2018.
It is contended by the learned counsel for the petitioner that as per the high school certificate, copy of which has been annexed with the writ petition, the date of birth of the girl is 13.11.1994, even as per the FIR, the girl is aged about 23 years. It has been contended that the veracity of the high school certificate has not been challenged by any of the respondents and same is not being disputed.
In view of the aforesaid facts and circumstances of the case and keeping in view the age of the girl which is admitted on record 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 law as laid down by the Division Bench of this Court at Lucknow Bench in the case of Vishal Jaiswal and another v. State of U.P. and others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and 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, no purpose would be served in permitting the investigation to continue in pursuance of impugned FIR. It would be nothing but a sheer abuse of the process of law.
Accordingly, the writ petition stands allowed. The impugned FIR dated 19.02.2018 registered as Case Crime No. 06 of 2018, under Sections 366 I.P.C., Police Station- Armapur, Kanpur District Kanpur Nagar is hereby quashed. Consequences to follow.
Order Date :- 31.5.2018/Kuldeep