Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 8874 of 2018 Petitioner :- Vishal Yadav And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ajay Vikram Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the petitioners and learned A.G.A. for the respondents no.1 and 2. None appeared on behalf of respondent no.4.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 29.03.2018 registered as Case Crime No.354 of 2018, under Sections 363, 366 I.P.C., Police Station Loni, District Ghaziabad.
Following interim order was passed by another co-ordinate Bench of this Court in this case on 10.04.2018 :-
"The exemption application is allowed.
Learned counsel for the petitioners submits that accused is petitioner no.1 and victim is petitioner no.2 are major and they have also solemnized their marriage and they are living happily as husband and wife; the marriage is registered, copy of which has been annexed as annexure no. 3 to the writ petition; as per high school mark-sheet the date of birth of the victim is 12.08.2000, copy of which has been annexed as annexure no. 2 to the writ petition. Learned counsel for the petitioners has further placed reliance upon a judgement of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013.
In view of the aforesaid facts and circumstance, a case for grant of indulgence is made out.
Learned AGA has accepted notices on behalf of respondent nos. 1 to 3. Issue notice to respondent no. 4. Steps to be taken within ten days.
Counter affidavit to be filed within four weeks by the learned A.G.A. as well as respondent no. 4 and rejoinder affidavit to be filed within three weeks thereafter.
List thereafter before the appropriate Court.
It is directed that until further orders of this Court, the petitioners shall not be arrested relating to case crime no. 354 of 2018, U/s 363, 366 IPC, P.S. Loni, District Ghaziabad.
It is made clear that in case the steps are not taken within the time specified above, the interim protection granted above shall stand automatically vacated."
Learned counsel for the petitioners submitted that the petitioner no.2 Smt. Sonia had solemnized marriage with petitioner no.1 Vishal Yadav voluntarily after leaving her parental home on her own accord. Therefore, it cannot be said that the petitioners have committed any cognizable offence and hence impugned F.I.R. is liable to be quashed.
Learned A.G.A. for the State has not disputed the fact that petitioner no.2, Smt. Sonia is major and she had solemnized marriage with petitioner no.1 Vishal Yadav voluntarily after leaving her parental home on her own accord.
After having heard the learned counsel for the parties and perused the other material brought on record, we are of the opinion that since the petitioner no.2, Smt. Sonia was major on the date of occurrence and she had solemnized marriage with petitioner no.1 Vishal Yadav voluntarily after leaving her parental home on her own accord, it cannot be said that petitioners have committed any offence under Sections 363, 366 I.P.C.
In the result, the writ petition succeeds and is accordingly allowed.
The impugned F.I.R. dated 29.03.2018 registered as Case Crime No.354 of 2018, under Sections 363, 366 I.P.C., Police Station Loni, District Ghaziabad, as well as all proceedings initiated in pursuance to the same are hereby quashed.
There shall however be no order as to costs.
Order Date :- 13.9.2018 Anand Sri./-