Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1727 of 2018 Petitioner :- Sonali Alias Reetu And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- Mr Harish Chandra Yadav Counsel for Respondent :- G.A.,Ram Sumer Chaudhary
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
List has been revised. None appears for the petitioners. Learned AGA and learned counsel for respondent no.4 are present.
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. 0261 of 2017, under Sections 363, 366, 504, 506 I.P.C. Hathgoun District Fatehpur.
We have also perused the interim order dated 25.1.2018 which shows that petitioner nos.1 and 2 are adult and they have solemnized marriage. The record shows that as per the FIR itself the age of the girl is 22 years. As per the Aadhar Card also the age of the girl is 22 years and as per High School marksheet her date of birth is 6.4.1996. The veracity of the High School marksheet has not been challenged by the counsel for respondent no.4 and thus, it is admitted position on record that girl is major.
In view of the aforesaid facts and circumstances of the case and also keeping in view the law as laid down by the Division Bench of this Court (Lucknow Bench) rendered in the cases 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 vs. State of U.P. and Orthrs passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini vs. Union of India passed in writ petition (civil) no. 231 of 2010 and Suhani & Another v. State of U.P. & Ors. passed in civil appeal no. 4532 of 2018 decided on 26.04.2018, no purpose would be served in keeping the present case pending before this Court. Accordingly the instant writ petition is allowed and the impugned FIR registered as aforesaid case crime is hereby quashed. Consequences to follow.
Order Date :- 29.5.2018 SP