Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24490 of 2019 Petitioner :- Suman Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Pal Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Surendra Pal, learned counsel for the petitioner and learned AGA appearing for the State.
The contention of the counsel for the petitioners is that the victim herself is the petitioner no.1 Suman Devi and the accused is petitioner no.2 Tottar Pal; that they have filed a joint affidavit in support of the present writ petition seeking quashing of the impugned FIR dated 4.11.2019 registered as Case Crime no. 185 of 2019, under Section 363 I.P.C., P.S. Deoriya Kalan, District Pilibhit; the girl is an adult her date of birth as mentioned in Scholar's Register and Transfer Certificate is 3.7.2001, copy of the same has been annexed at page no. 31 of the affidavit. Further contention of learned counsel for the petitioners is that both the petitioner nos. 1 and 2 are adult and they have solemnized their marriage, without any fear threat or coercion and at present living happily as husband and wife, copy of marriage certificate has been annexed at page no. 36 of the affidavit. Reliance has also been placed on an order dated 14.11.2019 passed by learned Single Judge of this Court, copy of the same has been annexed at page no. 40 of the affidavit.
The Court has been informed that the girl/petitioner no.1 is present before the Court, she has been identified by her counsel Sri Surendra Pal on the basis of documents received by him in his chamber.
Thus the Court proceed to examine the girl, only for the purposes of verifying as to whether she is a signatory to the said affidavit, as a deponent or not, which has been filed in support of the present writ petition.
On being asked that "Aapka Naam Kya Hai" she informed the Court that "Mera Naam Suman Devi Hai" On being asked that "Aapke Papa Ka Kya Naam Hai" she informed the Court that "Mere Papa Ka Naam Narendra Pal Hai". On being asked that "Aapki date of birth Kya Hai" she informed the Court that "Uski date of birth 03.07.2001 Hai", she also informed that "Mai High School Tak Padhi Hu". On being asked ki "Kya Shadi Aapne Apni Marzi Se Ki Hai" she informed the Court that Woh Shadi Apni Marzi Se Tottar Se Ki Hai".
In view of the facts and circumstances, keeping in view the statement made by the victim girl before this Court today, and keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 and the law as laid down by the Division Bench of this Court at Lucknow Bench in the case 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 v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010, no purpose would be served in permitting the investigation to continue in pursuance of impugned FIR. It would be nothing but a sheer abuse of the process of law.
The writ petition is accordingly stands, allowed. The FIR dated dated 04.11.2019, which has been registered as Case Crime No.185 of 2019, under Section 363, IPC, Police Station Deoriya Kalan, District Pilibhit, is hereby quashed. Consequences to follow.
Order Date :- 28.11.2019 Manoj