Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 30451 of 2018 Petitioner :- Sonu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheo Prasad Yadav,Kailash Pati Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
The present writ petition has been filed with the following prayer:-
(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 05.10.2018 in case crime No.186 of 2018, under Sections 363, 506, 328, 342, 376(D) IPC Police Station Kaptanganj, District Azamgarh.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners.
(c) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(d) award the cost of the writ petition in the favour of the petitioners.
We have perused the earlier interim order passed by another Bench of this Court.
The record shows that the F.I.R. has been lodged by respondent No.4 Anju who is present before the Court. It may also be appreciated that Anju Kumari herself is the deponent of the affidavit filed in support of the writ petition.
Anju Kumari contends that her date of birth is 05.01.2000 even as per her High School examination Certificate 2017. Copy has been annexed on page 22.
In the affidavit filed in support of the Writ Petition, she as a deponent submits that she has solemnized marriage with petitioner no.1 of her own sweet Will without any fear, threat, or coercion. In paragraph 10, it has been mentioned that the petitioner no.1 and respondent no.4 are living together as husband and wife of the own free will. In paragraph No.11 she contends that the FIR was not lodged by her and the contents of the FIR are not in her knowledge and she had signed a blank paper under the pressure and coercion of her parents. In the writ petition, a prayer has been made that the proceedings may be quashed including the first information report dated 05.10.2018 registered as case crime No.186 of 2018, under Sections 363, 506, 328, 342, 376(D) IPC Police Station Kaptanganj, District Azamgarh.
The Court has been informed that petitioner no.1 and the respondent No.4 are present before the Court. Since the first informant Anju is present before this Court, the Court proceeds to examine her:-
On being asked “vkidk uke D;k gS A” She replies “vatw A” On being asked “firk th dk uke D;k gS A” She replies “jkt cgknqj A”
At this stage, she was shown the copy of the writ petition and a querry was asked “bl ij D;k vkids gh lkbu gS” She informs the Court “gkW fjV fifV'ku ij esjs gh lkbu gSa QksVks Hkh esjh gh yxh gS ,fQMsfoV ij” On being asked “fdruh mez gS vkidh” She informs the Court “esjh mez 18 lky gS A” On being asked “'kknh vkius viuh ethZ ls fd;k g”S She informs the Court “gkW 'kknh eSus viuh ethZ ls fd;k gS vkSj eS cgqr [kq'k gwW A” On being asked “vkids ifr dk D;k uke gS ” She informs the Court “ esjs ifr dk uke lksuw gS A”
Petitioner No.1 is present before the Court, he has identified the girl as his wife who in turn identified the petitioner no.1 as her husband. Both have been identified by the counsel on the basis of documents produced before him in chamber.
In view of the facts and circumstances of the case and the statement made by girl before this court and keeping in view of her age, the first information report registered as case crime No.186 of 2018, under Sections 363, 506, 328, 342, 376(D) IPC Police Station Kaptanganj, District Azamgarh is hereby quashed.
Writ petition stands allowed.
Order Date :- 28.11.2018 saqlain