Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24515 of 2019 Petitioner :- Rohit @ Chhotu @ Mohit Kumar And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kaushlendra Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Kaushlendra Singh, learned counsel for the petitioners and Sri B.K. Pandey, learned AGA for the State.
Exemption application is allowed.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR dated 06.11.2019 registered as Case Crime No.187 of 2019, under Sections 363 & 366 I.P.C., Police Station- Ayana, District Auraiya.
Learned counsel for the petitioners submits that petitioner no.1 has solemnized marriage with respondent no.5 Smt. Julie with regard to whom FIR has been lodged by grand mother, copy of the same is annexed as annexure no.6 at page no.41 of the present writ petition. It is further submitted that both petitioner no.1 and respondent no.5 are adult and they have solemnized their marriage with their own freewill, certified copy of marriage certificate is annexed as annexure no.4 at page no.36 to the present writ petition. Petitioner nos.2 to 7 are family members of the petitioner no.1. It is informed that alleged victim respondent no.5 and petitioner no.1 are present before the Court.
Smt. Julie Devi - respondent no. 5 is present before this Court today and she has identified petitioner no. 1 - Rohit @ Chhotu @ Mohit Kumar, who is also present before this Court today, as her husband, who in turn identified respondent no. 5 as his wife.
Sri Kaushlendra Singh, learned counsel for the petitioners has identified both of them i.e. petitioner no.1 and respondent no.5 on the basis of documents produced before him in his chamber as a counsel.
Since respondent no. 5 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her.
Accordingly, the Court has examined respondent no. 5, who has made a statement before this Court that her name is Julie Devi D/o Kapil Kumar. Respondent no. 5 also informed the Court that she has married with petitioner no. 1, who is present before this Court today. She further informed the Court that she is 18 years old, even as per FIR lodged by her grand-mother her age is also mentioned as 18 years. She further informed the Court that she married with petitioner no. 1 without information of their parents and without any pressure, threat or coercion and they are entitled to live happily as husband and wife. She informed the Court that they have registered their marriage on 01.11.2019; apparently the victim girl is not minor, as per FIR her age is 18 years and in her mark sheet and aadhaar card her age is mentioned as 27.10.2001, therefore, there is no doubt about the girl being adult. She further contends no offence as alleged in the FIR has been made out, however, the police under the garb of investigation is unnecessarily harassing the petitioners.
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 also in view of the statement made by the victim girl herself before this Court today 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 06.11.2019 registered as Case Crime No.187 of 2019, under Sections 363 & 366 I.P.C., Police Station- Ayana, District Auraiya is hereby quashed. Consequences to follow.
Order Date :- 28.11.2019 I.A.Siddiqui