Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16454 of 2019 Petitioner :- Shana @ Sheema And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shanker Yadav,Manish Dev Counsel for Respondent :- G.A.,Ahmad Ali Siddiqui
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Sri Ahmad Ali Siddiqui, learned counsel for the respondent no.4 is not present though the matter has been called out in the revised list.
Heard Sri K.S. Yadav, learned counsel for the petitioners, Sri Irshad Hussain, 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 28.5.2019, registered as case crime no.396 of 2019, u/s 366 IPC, P.S.Izzatnagar, district Bareilly.
Learned counsel for the petitioners submitted that the prosecutrix/petitioner no.1 and petitioner no.2 are major aged about 23 years and 25 years respectively as per Adhar Card. There was love affair between the petitioner no.1 and 2 and they both have performed marriage on 8.5.2019 as per Hindu customs. 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 petitioner nos.2 is made out and 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.
Learned AGA has not been able to demonstrate that either the prosecutrix Smt. Shana @ Sheema was minor on the date of the incident or that she had been kidnapped or abducted by the petitioner no.2, in view of the above it cannot be said that the petitioner nos.2 has 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Gaurav