Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 22599 of 2018 Petitioner :- Rajesh @ Bau Harijan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar Pal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Seen the office report dated 26.09.2018.
Service on respondent no. 4 is deemed to be sufficient in view of the provision of Chapter VIII, Rule 12 Explanation (II) of the Allahabad High Court Rules.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos. 1, 2 and 3.
None appears on behalf of the respondent no. 4.
Following order was passed by this Court in this case on 05.09.2018 :-
"Heard learned counsel for the petitioner and learned A.G.A. for the State.
Following order was passed by this Court in this case on 20.08.2018 :
"Heard learned counsel for the petitioner and learned A.G.A. for the State-respondent.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 03.08.2018, lodged in Case Crime No. 0108 of 2018, under Sections 363, 366 I.P.C., Police Station- Holagarh, District-Allahabad, so far it relates to the petitioners.
It is contended by learned counsel for the petitioner that respondent no. 5, Poonam Gupta is major and has married the petitioner out of her own free will. It is next contended by learned counsel for the petitioner that since the respondent no.4 was not happy with the marriage, therefore, initiated the present proceedings against the petitioner including the entire members.
In view of the submissions made by learned counsel for the parties, it is directed that the victim-respondent no.5 shall present herself before the Chief Medical Officer, Allahabad, for ossification test for verification of her age within ten days from today and Chief Medical Officer, Allahabad, shall send her medical report to this Court under sealed cover by the next date of listing.
Put up/list on 05.09.2018.
Till the next date of listing or till the submission of police report under Section 173(2) whichever is earlier, the petitioners shall not be arrested pursuant to the impugned FIR lodged in the aforesaid case crime.
Copy of the order be given to learned AGA for necessary compliance."
The ossification test report of proforma respondent no. 5, Poonam Gupta was forwarded to this Court by C.M.O. Allahabad in a closed envelope which has been produced before this Court today by learned A.G.A. The closed envelope has been opened before us by the Bench Secretary.
Upon perusal of the ossification test report dated 29.08.2018, it transpires that her age on the date of her radiological examination was 18 years.
Let notice be issued to the respondent no. 4 fixing 27.9.2018. List on 27.9.2018.
On that date, both petitioner, Rajesh @ Bau Harijan and proforma respondent no. 5, Poonam Gupta shall again appear before this Court in person."
In compliance of the aforesaid order of this Court dated 05.09.2018, both petitioner, Rajesh @ Bau Harijan and proforma respondent no. 5, Poonam Gupta have appeared before us today and they have been identified by petitioner's counsel, Sri Vijay Kumar Pal.
On being quizzed by the Court, proforma respondent no. 5, Poonam Gupta stated that she after leaving her parental home on her own accord, had solemnized marriage with the petitioner, Rajesh @ Bau Harijan voluntarily. She next stated that neither anyone had kidnapped her nor forced her to solemnize marriage with the petitioner, Rajesh @ Bau Harijan. She has no intention of returning to her parental home.
In view of the statement made by the proforma respondent no. 5, Poonam Gupta and the fact that she is major and had left her parental home on her own accord and solemnized marriage with the petitioner, Rajesh @ Bau Harijan on her own sweet will, it cannot be said that the petitioner has committed any cognizable offence.
In view of the above, the writ petition succeeds and is allowed. The impugned F.I.R. as well as all the consequential proceedings undertaken pursuant thereto, are hereby quashed.
Order Date :- 26.10.2018 KS