Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38046 of 2018 Petitioner :- Shana Bee And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.,Girish Tiwari,Mohd. Irfan
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mohd. Waseem, learned counsel for the petitioners, Sri Girish Tiwari, learned counsel for the informant and Sri Pawan Shukla, 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 7.12.2018 registered as Case Crime No.0626 of 2018 under section 366 I.P.C., police station Milak, District Rampur.
Learned counsel for the petitioners submitted that the prosecutrix/petitioner no. 1 and petitioner no. 2 are major aged about 18 years and 27 years respectively as per high school marksheet and Adhar card. There was love affair between the petitioner no. 1 and 2 and they both have performed marriage on 2.12.2018 according to muslim rites, copy of Nikahnama has been annexed as Annexure-3 to the writ petition. He next argued that the petitioner no. 1 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no. 2 and that she was major, it cannot be said that any cognizable offence against the petitioners is made out, hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos. 1 and 2 are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013), that, offence has been committed under Section 366 I.P.C., cannot be approved of.
Per contra learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions made by the learned counsel for the petitioners.
Learned AGA has not been able to demonstrate that either the prosecutrix Smt. Shana Bee was minor on the date of the incident or that she had been kidnapped or abducted by the petitioner no. 1, in view of the above it cannot be said that the petitioners have committed any cognizable offence.
The writ petition accordingly 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.
(Raj Beer Singh,J) (Ramesh Sinha,J.) Order Date :- 21.12.2018 Manoj