Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10669 of 2018 Petitioner :- Smt. Sabina And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Heard learned counsel for the petitioner 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. 0097 of 2018, under Sections 363, 366 I.P.C., Police Station- Ram Chandra Mission, District Shahjahanpur.
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 their marriage without any fear, threat or 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 petitioner no. 1 is 19 years. He further informed the Court that both the petitioners are present before this Court today.
Smt. Sabina - victim is present before this Court today and she has identified petitioner no. 2, who is also present before this Court today, as her husband, who in turn identified victim as his wife.
Learned counsel for the petitioners has identified both the petitioners as well as victim on the basis of documents produced before him in his chamber as a counsel.
Since victim girl is present before this Court today, with the consent of learned counsel for the parties, the Court proceeds to examine her.
Accordingly, the Court has examined victim girl, who has made a statement before this Court that her name is Sabina and her father name is Rahmat Ali. Victim girl also informed the Court that she has married (court marriage) with petitioner no. 2, who is present before this Court today. She further informed the Court that she married with petitioner no. 2 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. She also expressed an apprehension with regard to her and her husband's life from her brother and father, as she belongs to other religion. 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 of the case and with the consent of learned counsel for the parties 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, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-
(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;
(b) Copy of this order shall be forwarded to the concerned SP - respondent no. 2 through the office of Government Advocate of this Court, who shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with law without any whims, caprice or personal notion of morality;
(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view 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.
(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;
(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.
(f) Respondent no. 4 and other family members are hereby restrained from interfering with the the peaceful married life of the petitioners. They are also restrained from indulging any act of violence with the petitioners and in case they are found in violation of the order of this Court that is being passed today, they will be personally answerable to this Court.
(g) The petitioner no. 2 and victim girl are also given liberty that they may file a certified copy of the order along with the copy of the writ petition before the SP concerned, who after receipt of the order will personally look into the matter and will ensure the safety of the boy and girl and will take all remedial measures in this regard and will issue a direction to the concerned investigating officer for conducting fair investigation.
The writ petition, accordingly, stands disposed off finally.
Order Date :- 26.4.2018 Kuldeep