Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24534 of 2019 Petitioner :- Shukurullah And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anup Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR dated 12.11.2019 registered as Case Crime No. 307 of 2019, under Sections 506, 366 and 363 I.P.C., Police Station- Kaptanganj, District Kushinagar.
Learned counsel for the petitioners submits that victim is petitioner no.2 - and accused is petitioner no. 1; both are major and have also solemnized their marriage and they are living happily as husband and wife; victim herself is the deponent of the affidavit filed in support of the present writ petition; victim is aged about 20 years and her date of birth is 5.6.1999; petitioner Nos. 2 and 3 are family members of petitioner No.1; their Nikahnama is on page 24 of the writ petition; he further informed the Court that both the petitioners are present before this Court today.
Smt. Rafia Khatoon@ Rafiya - petitioner no. 2 is present before this Court today and she has identified petitioner no. 1 - Shukurullah, who is also present before this Court today, as her husband, who in turn identified petitioner no. 2 as his wife.
Learned counsel for the petitioners has identified both the petitioners on the basis of documents produced before him in his chamber as a counsel.
Since petitioner no. 2 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her.
Accordingly, the Court has examined petitioner no. 2, who has made a statement before this Court that her name is Rafia and her age is 20 years; her father name is Anwarul and her mother name is Samshunnisha and she has done High School. Petitioner no. 2 also informed the Court that she has married with petitioner no. 2, who is present before this Court today. She further informed the Court that she married with petitioner no. 2 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. She further contends that no offence as alleged in the FIR has been made out, however, the police under the garb of investigation is unnecessarily harassing the petitioners.
In view of the facts and circumstances, keeping in view the statement made by the victim girl before this Court today 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 and 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, no purpose would be served in permitting the investigation to continue in pursuance of impugned FIR. It would be nothing but a sheer abuse of the process of law.
Accordingly, the writ petition stands allowed. The impugned FIR dated 12.11.2019 registered as Case Crime No. 307 of 2019, under Sections 506, 366 and 363 I.P.C., Police Station- Kaptanganj, District Kushinagar is hereby quashed. Consequences to follow.
The family members of the victim girl are restrained from interfering in any manner whatsoever in the peaceful living of petitioner nos. 1 and 2 and indulging in any act of violence with them. They are also injuncted from trying to contact the petitioners. In case they flout the order passed by this Court today, they will be personally answerable to this Court.
Order Date :- 28.11.2019 Akram