Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 36906 of 2018 Petitioner :- Rehnuma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Saurabh Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Shri Shailesh Kumar, Advocate, has put in appearance on behalf of respondent No.3 and has filed counter affidavit sworn by Ikram Ulla- respondent No.3 in Court today. The same are taken on record.
Heard learned counsel for the petitioners and the 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.651 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station- Tilhar, District Shahjahanpur.
Learned counsel for the petitioners submits that victim, Smt. Rehnuma (petitioner No.1) and accused, Naim @ Nadeem (petitioner No.2) are major and they have also solemnized their marriage and they are living happily as husband and wife; victim herself is the deponent of the affidavit filed in support of the writ petition; there is a joint affidavit of both the petitioners in support of the present writ petition; as per the adhar card / high school certificate the age of girl is 19 years; this is the second writ petition.
Paragraph No.24 of the counter affidavit, the first informant-respondent No.3, himself has stated that the FIR dated 1.9.2018 may be quashed as the parties have entered into a comprise after decision of the first writ petition.
The said averments made in the counter affidavit filed on behalf of respondent No.3, Ikram Ulla, have not been disputed by either of the parties.
In view of the facts and circumstances, keeping in view the statement made by the father of the girl in the counter affidavit, 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 1.9.2018 registered as Case Crime No. 651 of 2018 under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Tilhar, District Shahjahanpur, is hereby quashed.
Order Date :- 18.12.2018 LN Tripathi