Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37000 of 2018 Petitioner :- Shivam Singh Alias Abhishek Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard the learned counsel for the parties.
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. 255 of 2018, under Sections 342, 376, 506 I.P.C. and section 3/4 POCSO Act and Section 3(2) SC/ST Act and Section 5 SC/ST Act, Police Station- Kidwai Nagar, District Kanpur Nagar.
Even though notices were issued to respondent no. 4, however, till date inspite of repeated opportunities being given, none has put in appearance on behalf of respondent no. 4.
Perusal of the record shows that victim girl and the boy are major and they have also solemnized their marriage without any threat and coercion and they are living happily as husband and wife. In this view of the matter, an interim order was passed on 18.12.2018 Thus, in view of the facts and circumstances of the case 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, 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 SSP/SP 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) 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.
The writ petition, accordingly, stands disposed off finally.
The aforesaid order has been passed by the consent of all the learned counsel for the parties concerned.
Order Date :- 25.2.2019 Kuldeep