Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19731 of 2019 Petitioner :- Suraiyya Khatoon And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ashish Kumar,Maohammd Nadeem Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed today, which is taken on record.
Heard Sri Ashish Kumar, learned counsel for the petitioners, Sri Durvijay Singh, learned counsel for the respondent no.3 and Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 08.05.2019 registered as Case Crime No.231 of 2019, under Sections 363, 366 I.P.C. and Section 7/8 of POCSO Act, Police Station Kotwali, District Kannauj.
Learned counsel for the petitioners submitted that the prosecutrix/petitioner no.1 is muslim girl and is living happily with petitioner no.2 with whom she is married. It is next submitted that according to Muslim Law, the age of puberty is 15 years. He further submitted that respondent no.3, who is the father of the victim, has no objection with the relationship of petitioner no.2. Hence the impugned FIR is liable to be quashed.
Per contra learned AGA as well as learned counsel for the private respondent no.3 have also admitted the fact that the relationship between the petitioner no.2 and the victim has also been accepted by the parents and the impugned FIR be quashed.
The impugned FIR and all subsequent proceedings taken against the petitioners in pursuance thereof are hereby quashed.
There shall however be no order as to costs.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 A. Tripathi