Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15183 of 2017 Petitioner :- Smt. Saba Siddiqui And Anr.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Kripa Shanker Counsel for Respondent :- G.A.,Jai Shankar Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
A joint affidavit of petitioner no. 2 and respondent no. 4 has been filed today by learned counsel for the petitioners which is taken on record.
Heard Sri Kripa Shanker, learned counsel for the petitioners, Sri J.S. Pandey, learned counsel for the respondent no. 3 and Ms. Eva Sinha, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 19.4.2017 registered as Case Crime No. 222 of 2017 under sections 363, 366 I.P.C. and 17/18 POCSO Act, police station Gaura Badshahpur, District Jaunpur.
Learned counsel for the petitioners submitted that as per the F.I.R. itself, the prosecutrix/petitioner no. 1 is at the verge of attaining majority. There was love affair between the petitioner no. 1 and 2 and they both have performed marriage and at present both are living happily as husband and wife and the petitioner no. 1 is at present having pregnancy. He next argued that the petitioner no. 1 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no. 2 and now respondent no. 4 has accepted the said relationship, hence the present F.I.R. is liable to be quashed.
Learned counsel for respondent no. 4 admitted the said fact as argued by learned counsel for the petitioners and submitted that respondent no. 4 has no objection, if the present F.I.R. is quashed.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties and in view of the compromise arrived at between the parties as is evident from the joint affidavit filed today, the writ petition succeeds and is allowed.
The impugned FIR and all subsequent proceedings taken against the petitioners in pursuance thereof are hereby quashed.
There shall however be no order as to costs.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018 Shiraz