Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11370 of 2019 Petitioner :- Shivani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Babu Verma,Anita Singh,Nirmla Kumari Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners and Sri Rajesh Mishra, learned AGA for the State.
The contention of the learned counsel for the petitioner is that victim herself is petitioner no. 1 and accused is petitioner no. 2. There is a joint affidavit of both the petitioners filed in support of the present writ petition seeking quashing of the FIR dated 10.11.2018. As per the affidavit the age of the girl is 20 years, the same is based on the Aadhar Card. Further contention is that both the petitioners are adult and have solemnized marriage of their sweet will, without any fear, threat of coercion. It has further informed that they have applied for registration of their marriage. The application in this regard has been annexed as Annexure-4 (page -24) of the writ petition. The court has been informed that the girl Shivani is present before the court today and thus court proceeds to examine as to whether she has signed on the affidavit or not. On being asked, she informed that "mere hi signature hai, maine sign kiye hai". When asked "Aapki Umar kya hai, she says "Meri Umar 19 saal hai". When court asked, "Kya apko apni janam thithi yaad hai, She says , "Hain meri janam thithi 8 August, 2000 hai, . On being asked "Kaise maalum ke Aapki janam thithi 8 August hai. She says "Kyunki har saal 8 August ko Meri saalgirah manai jaati hai, isliye maalum hai". She further contends that no offence as alleged in the FIR has been made out, however, the police under the garb of investigation is unnecessary harassing the petitioners.
In view of the aforesaid, a case of grant of indulgence has been made out.
Admit.
Learned AGA has accepted notices on behalf of respondent nos. 1, 2 and 3.
Issue notice to respondent nos. 4. Steps within a week.
Each of the respondents are granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within three weeks thereafter.
List thereafter.
Till further orders of the court, petitioners will not be arrested nor will be harassed in any manner whatsoever, in pursuance of the impugned FIR dated 10.11.2018 registered in Case Crime No. 986 of 2018 under section 363 and 366 IPC, police station Etdmaddaula, district Agra.
Order Date :- 30.4.2019 SKS