Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 4660 of 2018 Petitioner :- Smt. Rajesh And 3 Ors.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adesh Kumar Dixit,Jitendra Pal Singh Jadaun Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard the learned counsel for the parties.
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. 0056 of 2018, under Sections 366 I.P.C., Police Station- Hathras Junction, District Hathras.
In view of the office report dated 30.5.2018, the service of notice upon respondent no. 3 is deemed to be sufficient, however, neither any counter affidavit has been filed nor any one has put in appearance on behalf of respondent no. 3.
In view of the aforesaid, the Court proceeds to hear the case on its own merits.
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 5.5.1997, even as per the FIR itself, the age of the girl is 20 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 16.2.2018 registered as Case Crime No. 0056 of 2018, under Sections 366 I.P.C., Police Station- Hathras Junction, District Hathras is hereby quashed. Consequences to follow.
Order Date :- 31.5.2018 Kuldeep