Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11054 of 2019 Petitioner :- Puja Devi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Chandra,Sunil Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners as well as Sri Pradeep Kumar Mishra learned counsel who has put in appearance on behalf of respondent no. 3 and Sri Rajesh Mishra learned AGA for the State.
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. 163 of 2019 u/s 366 IPC, P.S. Puranpur, District Pilibhit.
The contention of the learned counsel for the petitioners is that the present F.I.R has been lodged by the husband against the kidnappers accused-petitioners no. 2 to 5 with regard to kidnapping of his wife i.e. Puja. Puja herself is petitioner no. 1 in the present writ petition and she has signed the joint affidavit alongwith the petitioner no. 2 filed in support of the writ petition seeking quashing of F.I.R dated 01.04.2019 registered as Case Crime No. 163 of 2019 under section 366 IPC, P.S. Puranpur, District Pilibhit. It has been specifically mentioned in paragraph no. 7 on- wards that petitioner no. 1 is a married lady and she was married to respondent no. 3 who is a person of immoral character and he is a vagabond and is a drunker and she used to force the petitioner no. 1 for immoral trafficking, however, she escaped the house of her husband and at present she is living with petitioner no. 2 of her own free will without any coercion.
We have perused the application given by the petitioner no. 1 Puja the alleged victim to the S.S.P. Pilibhit, copy of which annexed on page no. 23, wherein she has clearly stated that:-
“'kknh laca/kks ls izkfFkZuh ds rhu cPpkas dk tUe gqvkA izkfFkZuh dk ifr tqvk [ksyrk 'kjkc ihdj ekjrk ihVrk Fkk izkfFkZuh ;g lc dqN ;g le>dj lgrh jgh fd esjk cuk cuk;k ?kj fcxM tk;sxk djhc 2 lky igys izkfFkZuh dk ifr lqcks/k dqekj dk pky pyu vR;f/kd fcxM x;k fdlh vU; efgyk ds lkFk uktk;t lac/ak gks x;s 'kjkc ihdj izkfFkZuh ls nsg O;kikj djus dks etcwj djus yxk nsg O;kikj u djus ij cqjh rjg ls ;kruk;as nsrk Fkk rFkk nsg O;kikj u djus ds dkj.k ?kj ls fudky fn;kA rFkk fnukad 15-11-18 dsk gR;k dk iz;k'k fd;kA izkfFkZuh fdlh rjg ls tku cpkdj Hkkx fudyh izkfFkZUkh ds ek;ds es jktw iq= jks'kuyky fu0 eks0 gchcqYyk [kka Fkkuk chlyiqj ftyk ihyhHkhr ftldks mlus lkjh ckr crk;h vkSj muls ?kj es j[k ysus dks dgk vkSj orZeku eas jg jgh gwaA izkfFkZuh dk ifr lqcks/k dqekj esjh gR;k djus ij vkeknk gSA izkfFkZuh dk thou ladV es gSA ;g izkfFkZUkh dks >wBs dsl es Hkh Qalkus dh dksf'k'k dj jgk gSA izkfFkZuh us bl ckor dbZ mPp vf/kdkfj;kas dks izkFkZUkk i= fn;s ftl ij dksbZ dk;Zokgh ugh gqbZ rc iqu% izkFkZuk i= ns jgh gSA ”
However, since the Court has been informed that the alleged victim Puja who happens to be the wife of respondent no. 3 is present before the Court, the Court proceeds to examine the girl. She is being examined also in view of the fact that counsel for the complainant has informed the Court that she is mother of four children who are present before the Court to meet their mother and parents of the girl also present before this Court and they would like to meet her.
On being asked "aap ka naam kya hai" she informs the Court "mere naam Puja hai"; On being further asked "kya ye aap ke sign hai" she informs "ha ye mere sign hai"; On being asked "abhi aap kaha rah rahi hai" she says "abhi main Raju ke sath rah rahi huin"; On being asked "kay aap Raju ke sath apni marzi se rah rahi hai" she says "ha main apni marzi se Raju ke sath rah rahi huin mujhe kisi ne daraya dhamkaya nahi hai"; On being asked "abhi aap kaha jana chahegi" she says "main Raju ke sath jana chahuighi aur usi ke saath rahugi"; On being asked "aap ke 4 chote-chote bacche hai aur aap ek maa hai" she says "mujhe kisi se koi matlab nahi hai"; On being asked "aap ke mata pita aur chote-chote bacche hai kya aap milna chahegi" she says "ji nahi main kisi se nahi milna chahati"; On being further asked "kay aap Adalat mein apni marzi se ayi hai" she informs the Court "" Adalat mein main apni marzi se ayi huin mujhe koi zabarzasti nahi lekar aya".
In view of the statement of the girl made before this Court, the girl appears to be quite comfortable and she is not under any apprehension or stress while making her statement before this Court. Thus, there is no reason to disbelieve the statement as has been made by the victim before this Court. In view of the fact that no offence as alleged in the F.I.R is made out, a case for grant of indulgence has been made out and hence the impugned F.I.R dated 01.04.2019 deserves to be quashed.
Accordingly, in view of the aforesaid facts and circumstances and keeping in view the law as laid down in the case of Sachin Pawar vs. 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, Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015, Basanti and another vs State of UP and others, passed in Misc. Bench No.18314 of 2016 (decided on 16.9.2016), Vinod Kumar vs State of UP and others passed in Misc. Bench No.28150 of 2016 (decided on 13.2.2017) 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 and in permitting the police authorities to harass the couple under the garb of fair investigation. It would be nothing but a sheer abuse of the process of law.
Accordingly, the writ petition stands allowed. The impugned FIR registered as case crime no. 163 of 2019 u/s 366 IPC, P.S. Puranpur, District Pilibhit, is hereby quashed. Consequences to follow.
Order Date :- 26.4.2019 Vikram