Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24987 of 2017 Petitioner :- Smt. Sukh Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record. However, neither any counter affidavit has been filed nor any one has put in appearance on behalf of respondent no. 4.
Perusal of the record shows that this Court had granted an interim order vide order dated 14.11.2017.
In view of the office report dated 03.01.2018 and 16.05.2018 notice upon respondent no. 4 is deemed to be sufficient.
Perusal of the order dated 14.11.2017 shows that the victim is petitioner no. 1 and the accused is petitioner no. 2; there is joint affidavit filed in support of the writ petition; as per aadhar card the date of birth of the victim is 28.09.1996; that both are major and have solemnized marriage out of their own sweet and free will without any fear, threat or coercion and they are living happily as husband and wife. Learned counsel for the petitioners has further placed reliance upon a judgment of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013.
Learned AGA has filed counter affidavit in which it is mentioned in para 7 that as per high school document the date of birth of the victim is 20.08.1996 and as per FIR the age of the victim is 20 years and as such as on date the victim is major.
In view of the aforesaid facts and circumstances of the case and also in view of the fact that the girl is a major as per High School document, 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 Case Crime No. 391 of 2017, u/s 366 IPC, police station Bah, District Agra is hereby quashed. Consequences to follow.
The petitioners are also given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.
A copy of this order shall be forwarded to the Government Advocate for necessary compliance.
Order Date :- 31.5.2018 Ujjawal