Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 17072 of 2019 Petitioner :- Smt. Soumya Mishra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Arvind Kumar Srivastav, learned counsel for the petitioners, Sri Sushil Kumar Dubey, learned counsel has put in appearance on behalf of the respondent No.3, the father of the petitioner No.1 and Sri Deepak Mishra, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the petitioners is that the first petitioner and second have married each other according to the Hindu Rites on 30.12.2018 at Arya Samaj Mandir, Greater Noida. The said marriage has also been registered on 31.3.2019 under the U.P. Marriage Registration Rules, 2017 by the Registrar at Gautam Buddha Nagar. The said certificate is also on record. It is submitted by the learned counsel for the petitioners that the FIR acknowledges the fact that the petitioner No.1 is an adult and aged about 23 years, a fact that is also evident from a perusal of her High School Certificate where her date of birth indicated is 11.6.1995. She is an educated woman, who has written her M.Sc. final examination in Bio-Technology. The first petitioner has filed a joint affidavit with the second petitioner in support of this writ petition. Petitioner No.1 is present before the Court, who has been identified by Sri Arvind Kumar Srivastava, learned counsel for the petitioners on the basis of documents produced before him in his chambers. Petitioner No.1 has appeared before the Court.
The first petitioner Smt. Soumya Mishra has clearly stated before us that she has married the Second petitioner Deepak Kumar of her free will and has not been enticed away. She wants to stay with the second petitioner.
A prima facie case is made out. Admit.
However since the FIR has been lodged by respondent No.3 Anuj Kumar Mishra, father of the petitioner No.1, we consider it appropriate to issue notice to respondent No.3 returnable on 9th August, 2019.
Shri Sushil Kumar Dubey, learned counsel appearing on behalf of respondent waives formal service and is granted four weeks time to file a counter affidavit to show cause why the impugned FIR be not quashed.
Learned AGA will have the same period of time to file a return on behalf of the State.
List for orders on 9th August, 2019.
Until further orders of this Court, the petitioners shall not be arrested by the police pending investigation in Case Crime No. 211 of 2019 under Section 366 IPC, P.S.- Jaswant Nagar, District- Etawah.
Smt. Soumya Mishra, who is present before the Court has stated that she is being threatened by her father, who has attempted to throttle her to death. She has expressed serious apprehensions about suffering an honour killing. She has further stated that one Sub-Inspector Ajay Kumar attached to P.S.- Jaswant Nagar, District- Etawah has been paying domiciliary visits as a mercenary for her father to disrupt her marriage with the second petitioner. It is reported that he has come to Allahabad with her father, who is present in court. On being asked to appear he has disappeared from the Court.
The S.S.P., Etawah is directed to hold an enquiry against the aforesaid Sub-inspector as to how he has interfered in the matrimonial life of the petitioners, who are two adult citizens of India. The report of the S.S.P., Etawah shall be submitted in the matter within three weeks. It will be open to the S.S.P., if he considers it appropriate upon holding a preliminary enquiry, to place the said Sub-inspector under Suspension, pending regular inquiry.
Under the Circumstances, we further order the S.S.P., Etawah to ensure that no harm comes to the petitioners at hands of her father or her family members or the community to which the first petitioner belongs. Respondent No.3 is restrained from entering the petitioner's matrimonial home or contacting the petitioners in any manner either directly or through the agency of friends or through electronic means of communications.
Let a copy of this order be communicated to the S.S.P., Etawag through Register General within 48 hours for strict compliance and a copy also be furnished to Sri Deepak Mishra, learned AGA for the same purpose.
Order Date :- 20.6.2019 Ashutosh Pandey