Hon'ble Mrs. Saroj Yadav,J.
Heard Mr. Alok Kumar Mishra, learned counsel for the petitioners, Mr. B.Q. Siddiqui, learned counsel for the private respondent and Mr. S.P. Singh, Learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
As per office report dated 25.8.2021 of the Mediation Center the respondent No.4 had met there with petitioner No.1 and it has been admitted by the respondent No.4.
This petition has been filed by the petitioners with with following reliefs:-
"i. Issue a writ, order or direction in the nature of certiorari thereby quash the impugned First Information Report dated 01.08.2021 lodged by respondent No.4 as F.I.R./Case Crime No. 0378/2021, under Section 366 of I.P.C. Police Station Behata Gokul, District Hardoi, as far as it relates to the petitioner No.2, as contained in Annexure No.1 to the writ petition.
ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner No.2 in pursuance of the impugned First Information Report dated 01.08.2021 lodged by opposite party No.4 as F.I.R./ Case Crime No.0378/2021, Under Sections 366 I.P.C., Police Station- Behata Gokul, District Hardoi, contained in Annexure No.1 to the writ petition and may also further be pleased to direct the opposite parties not to disturb the peaceful matrimonial life of the petitioner No.1 and 2."
Learned counsel for the petitioners submitted that the prosecutrix/petitioner no. 1 and petitioner no. 2 are major aged about 21 years and 22 years, respectively, as per their high school marksheet and Transfer Certificate of class VIIIth. There was love affair between the petitioner no. 1 and 2 and both of them have performed marriage on 01.08.2021 in Arya Samaj Mandir, Hardoi, copy of which has been annexed as Annexure-4 to the writ petition.
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, hence it cannot be said that any cognizable offence against the petitioners is made out. Therefore 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.
Per contra, Shri S.P.Singh, learned AGA submitted that as per the instructions received by him, the prosecutrix is major.
Learned AGA has not been able to demonstrate that either the prosecutrix Smt. Nisha Devi 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 no.2 has committed any cognizable offence.
The writ petition accordingly succeeds and is allowed.
The impugned First Information Report dated 01.08.2021 registered as F.I.R./Case Crime No. 0378/2021, under Section 366 of I.P.C. Police Station Behata Gokul, District Hardoi and all subsequent proceedings taken against the petitioners in pursuance thereof are hereby quashed.
There shall however be no order as to costs.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2021 A.K. Singh