Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37714 of 2018 Petitioner :- Saddam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A.,Joveen Kumar
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Sri Joveen Singh, learned counsel appearing on behalf of respondent no. 3 has filed short counter affidavit is taken on record.
Heard learned counsel for the petitioner and learned A.G.A. appearing on behalf of the State.
This writ petition has been filed with the following prayer:-
"This Hon'ble Court may graciously be pleased to issue ad- interim mandamus directing to respondents not to arrest the petitioner in pursuance of First Information Report dated 30.11.2018, in Case Crime No. 879 of 2018 under Sections 376, 328, 315 I.P.C., Police Station-Chandpur, District-Bijnor."
It has been clearly stated in paragraph no. 2 of the short counter affidavit that respondent no. 3 and petitioner have solemnized their marriage of their own sweet will without any fear threat or coercion on 09.12.2018. It has further been stated in paragraph no. 3 that the respondent no. 3 and petitioner are living together as husband and wife and there is no dispute between the parties. In paragraph no. 4 it has been specifically mentioned that at present compromise have taken place between the parties and respondent no. 3 & petitioner are living happily. The marriage of respondent no.3 and petitioner was solemnized after lodging of the first information report i.e. 30.11.2018.
Petitioner and respondent no. 3 are present before this Court and they have identified each other and also they have been identified by their counsel on the basis of the documents produced in his chamber. With the consent of the parties, the Court now proceeds to examine respondent no. 3 Rubi Parveen.
On being asked 'ki aap ka naam kya hai', she informed the Court 'ki mera naam Rubi Praveen hai'. On being asked 'ki aap ke pita ji ka kya naam hai', she informed the Court ki 'mere pita ji ka naam Abdul Salam hai'. On being asked 'ki aap ne hi F.I.R. likhayi thi' she said 'ha yeh F.I.R. maine hi likhayi thi'. On further being asked 'ki kya aap is F.I.R. ko khatam karna chahti hai' she says, 'ha F.I.R. khatam kar dijiye, mein saddam se shadi kar chuki hun aur usi ke saath rehna chahti hun'.
Thus, keeping in view the facts and circumstances of the case i.e. the statement made by the girl respondent no. 3 before this Court, a case of grant of indulgence has been made out. No purpose will be served in keeping the matter pending before this Court.
Accordingly, the writ petition is allowed.
The FIR dated 30.11.2018, registered as Case Crime No.879 of 2018, under Sections 376, 328 and 325 is hereby quashed.
However, liberty is given to the parties 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 :- 20.12.2018 sweta