Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 33747 of 2018 Petitioner :- Shivam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Faiz Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Exemption application is allowed.
Heard counsel for the petitioners and Sri Mohd. Abid Ali, learned counsel, who has put in appearance on behalf of the respondent no.3 namely Kiran.
The contention of both the counsel is that even though it is correct that it is Kiran herself who has filed the first information report on 13.07.2018, however, in the present proceeding there is a joint affidavit of the petitioner no.1 and the victim herself, who has been arrayed as petitioner no.2 as well as respondent no.3. It has been informed that both the first informant as well as the petitioner no.1 have solemnized marriage of their own free will without any fear, threat of coercion on 13.09.2018. The marriage has been registered, copy of the certificate has been annexed on page no.29 of the writ petition. The further contention is that both are living together as husband and wife, happily.
Thus keeping in view the aforesaid contention and the fact that the victim and the first informant duly represented before this Court through her counsel Mohd. Abid Ali, no purpose will be served in keeping the matter pending before this Court any further and directing the police authority to carry out any further investigation in pursuance of the impugned FIR.
In view of the aforesaid fact and circumstances, the writ petition is stands allowed. The FIR dated 13.07.2018, registered as Case Crime No. 0388 of 2018, under Section 376 IPC, Police Station Collector Bookganj, District Bareilly is hereby quashed. Order Date :- 26.11.2018/VKG