Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14469 of 2018 Petitioner :- Sunil And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Faheem Ahmad,Zafar Abbas Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
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.290 of 2017, under Sections 363, 366 I.P.C., Police Station- Pawai, District Azamgarh.
Learned counsel for the petitioners submits that victim is petitioner no.2 - and accused is petitioner no. 1 are major and they have also solemnized marriage out of their own sweet and free will without any threat, fear or coercion and they are living happily as husband and wife; there is a joint affidavit of both the petitioners in support of the present writ petition; as per the adhar card the age of girl is 19 years; her date of birth as per the high school marksheet is 25.03.1998, as per the FIR she is a student of B.A.II year.
In view of the facts and circumstances of the case and with the consent of learned counsel for the parties 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, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-
(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;
(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who after keeping in mind the date of birth as mentioned in the high school marksheet, shall look into the matter and will also look into the question as to whether any further investigation is required or not and thereafter will issue necessary direction to concerned investigating officer;
(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view 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.
(d) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.
The writ petition, accordingly, stands disposed off finally.
Order Date :- 31.5.2018 Radhika