Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14406 of 2018 Petitioner :- Vandana And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Sri Lal Chandra Mishra, learned counsel holding brief of Sri Shailesh Kumar, learned counsel for the respondent no.4 Heard learned counsel for the petitioners and learned AGA for the State.
Learned counsel for the petitioners submits that the victim herself is petitioner no. 1 and the accused is petitioner no. 2; she is deponent in support of the writ petition; as per the High School Mark Sheet, the date of birth of the victim is 16.06.2000. It has been mentioned in para nos.6,7,8 that both are major and they have also solemnized marriage out of their own sweet will 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. The contention is that the allegations as made in the first information report are false and baseless.
Learned counsel for the complainant has opposed the writ petition but he does not dispute the veracity of the High School Mark Sheet and he also does not dispute the age of girl as 18 years.
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 Mark sheet- cum-certificate, 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. 0137 of 2018 u/s 363, 366 IPC and 7/8 POCSO Act, police station Thathiya, District Kannauj is hereby quashed. Consequences to follow.
A copy of this order shall be forwarded to the Government Advocate for necessary compliance.
Order Date :- 30.5.2018 T.S.