Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 13374 of 2020 Petitioner :- Rabina And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hari Bans Singh,Dharm Jeet Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Heard Sri Hari Bans Singh, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 20.10.2019 in respect of Crime No. 0221 of 2019 for the offence under Sections 363, 366 I.P.C. and Section 7/8 of Protection of Children from Sexual Offence Act, P.S. Nagara, District Ballia.
Learned counsel for the petitioners submits that as per Aadhar Card, the age of petitioner no. 1 is above 18 years. He submits that but for the Aadhar Card there is no other evidence available in his favour.
On the other hand opposing this submission, it has been argued by the State counsel that as per FIR, petitioner no. 1 is 16 years of age and being minor if she has performed marriage with petitioner no. 2, offence as alleged is apparently made out.
Considering the serious nature of allegations levelled against the petitioner and keeping in mind the law laid down by Supreme Court in the State of Telangana vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 and the Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. (2006 (56) ACC 433) and further in view of order dated 19.11.2020 passed by the Apex Court in the case of Samiksha Singh @ Nikki Vs. State of U.P. and Ors. in Special Leave to Appeal (Criminal) No. 4650 of 2020, we are not inclined to entertain the writ petition. The same is accordingly dismissed.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 SK