Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11210 of 2019 Petitioner :- Ritu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arjun Singh Yadav,Rajan Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
The exemption application is allowed.
Heard Sri Arjun Singh Yadav, learned counsel for the petitioner and Sri Yogeshwar Rai, learned AGA appearing for the State.
The contention of the counsel for the petitioner is that the victim herself is the petitioner no.1 and the accused is petitioner no.2, alongwith other petitioners; that they have filed a joint affidavit in support of the present writ petition seeking quashing of the impugned FIR dated 20.04.2019; that as per the affidavit the girl is 19 years of age; that the petitioners have not committed any offence; that the impugned FIR has been lodged by the grand father of the girl and as per the FIR itself the age of the girl is 18 years; that there is no reason to disbelieve the age of the girl as mentioned in the FIR, which has been lodged by the grandfather of the girl; that both the petitioner nos. 1 and 2 are adult and have solemnized their marriage, without any fear threat or coercion and at present leaving happily as husband and wife.
The Court has been informed that the girl/petitioner no.1 is present before the Court, thus the Court proceed to examine the girl, only for the purposes of verifying as to whether she is a signatory to the said affidavit, as a deponent or not, which has been filed in support of the present writ petition and also to verifying her age. On being asked ki ^^vkidk uke D;k gS**] she informed the Court ki ^^esjk uke jhrw gS**A On being asked ki ^^vkids firk th dk uke D;k gS**] she informed the Court ki ^^esjs firk th dk uke mes’k gS**A On being asked ki ^^jksfgr dkSu gaS**] she informed the Court ki ^^jksfgr esjs ifr gaS**A On being asked ki ^^D;k bl fjV fiVh'ku ds ,QhMsfcM ij vkids gLrk{kj gaS**] she informed the Court ki ^^gkaW bl fjV fiVh'ku ds ,QhMsfcM ij eSus gh gLrk{kj fd;k gS**A On being asked ki ^^vki dgkaW rd i<+h gaS**] she informed the Court ki ^^eS nloh ikl gwaW]A The counsel for the petitioner has produced the registration certificate of Class-9 as well as the Class-10th mark sheet of the girl, in both of which the date of birth of the girl is mentioned as 01.09.2000, the same have been perused by the Court and returned to the counsel for the petitioners. On being further asked ki ^^vkidh mez fdruh gaS**] she informed the Court ki ^^esjh mez 19 lky gS**A On being further asked ki ^^bl vnkyr esa vki viuh ethZ ls vkbZ gaS ;k vkidks dksbZ Mjk /kedk djds y;k gaS**] she informed the Court ki ^^bl vnkyr esa eS viuh ethZ ls vkbZ gwaW eq>s dksbZ Hkh Mjk /kedk djds ugh y;k gaS**A In view of the facts and circumstances, keeping in view the statement made by the victim girl before this Court today, and 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.
The girl Ritu is present before the Court, being an adult is free as to wherever she wants to go and with whom she wants to marry and no hindrance in her free movement will be placed by any of the respondents.
The writ petition is accordingly stands, allowed. The FIR dated dated 20.04.2019, which has been registered as Case Crime No.240 of 2019, under Section 363, IPC, Police Station Baghpat, District Baghpat., is hereby quashed.
However, liberty is given that in case it is found that some facts has been concealed, in the present writ petition, the person concerned shall file a recall application before this Court to recall the present order.
Order Date :- 29.4.2019/VKG