Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14534 of 2018 Petitioner :- Smt. Rashmi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Bind Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, Sri Bhagwan Das Sharma, learned counsel for the respondent no.4, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2, both are major and they have also solemnized marriage out of their own sweet and free will without any threat, fear and coercion and they are living happily as husband and wife; there is a joint affidavit of both the petitioners in support of the present writ petition; as per the adhar card the age of the girl is 20 years and as the FIR the age of the girl is 20 years. Learned counsel for the petitioners has further placed reliance upon a judgment of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013. The contention is that the allegations as made in the first information report are false and baseless.
It has been informed the Court that petitioner no.1-Rashmi and mother of the girl are present before this Court and the mother would like to meet the girl.
However, before the Court proceeds to examine the girl, the Court asked from the respondent no.4 as to whether he has any dispute with regard to the age of the girl which is as per the FIR itself 20 years.
Sri Bhagwan Das Sharma, learned counsel for the respondent no.4 has fairly conceded before this Court that the girl is adult and as per the FIR itself her age is 20 years and thus the age of the girl is not being disputed at this stage the Court proceeds to make query with the girl as to whether she would like to meet her mother or not.
On being asked from petitioner no. 1 "apka naam kya hai" she informs the Court "Rashmi". On being asked "apke pita ji ka naam kya hai" she informs the Court "Raju Batham". On being further asked "kya apne shaadi ki hai" she informs that " Ha maine Deepu Rajpoot ke sath shaadi ki hai." On being asked "kya shaadi apne apni marzi se ki hai ya kisi ke dabao me aakar" she inform that Court clearly "ki meine apni marzi se shaadi ki hai bina kisi ke dabao ke". On being asked "aapki maa aayi hai kya aap unse milna chahti hai" she informs that "ha milna chahti hu par main apni maa ke sath nahi jana chahti huu."
Thus, the Court grants permission to the girl to meet her mother, who is also present before this Court today to converse with her for five minutes in the Court premises itself.
After five minutes the girl has been again asked "kya aap apni maa se mili" she informs that "ha". On being asked "abhi aap kaha jana chahti hai" she informs that "Deepu ke pass jana chahti huu main maa ke pass nahi jaungi"
In view of the aforesaid facts and circumstances of the case and in view of the statement of the girl made before this Court and also in view of the fact that there is no dispute with regard to the age of the girl, a case for grant of indulgence has been made out.
Accordingly the instant writ petition is allowed and the impugned FIR dated 10.05.2018 registered as Case Crime No.473 of 2018, u/s 366 IPC, police station Farrukhabad Kotwali, District Farrukhabad is hereby quashed. Consequences to follow.
Respondent no.4 and other family members are restrained from interfering in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2 and indulging in any act of violence with them. They are also injuncted from trying to contact with the petitioners. In case they flout the order passed by this Court today, they will be personally answerable to this Court.
Order Date :- 31.5.2018 Radhika