Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24222 of 2017 Petitioner :- Mamta & Another Respondent :- State Of U.P. & 9 Others Counsel for Petitioner :- Rahul Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble J.J. Munir,J.
Heard learned counsel for the petitioners and learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 to 3.
Issue notice to respondent nos. 4 to 10. Steps to be taken within two weeks. In case, steps are not taken the order granting interim protection to the petitioners shall stand automatically vacated.
Each of the respondents is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
Learned counsel for the petitioners submits that victim herself is petitioner no.1 and accused is petitioner no.2; petitioner no. 1 and 2 are major and they have also solemnized marriage and they are living happily as husband and wife and marriage photographs have also been annexed to the writ petition. 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 Court has been informed that petitioner no. 1 and 2 are present before this Court. Petitioner no.1 and 2 have identified each other and both in turn have been identified by their counsel on the basis of documents produced in his chamber. With the consent of the parties, the Court now proceeds to examine petitioner no. 1.
On being asked from petitioner no. 1 as to what is her name, she informs the Court that her name is "Mamta"; on being further asked as to what is her date of birth, she informs that her date of birth is "12.8.2000" and apparently, she appears to be major. She has further informed the Court she has solemnized marriage with petitioner no.2 Kuldeep of her own sweet will without any fear threat or coercion and she is living with him happily.
Thus, contention of learned counsel for the petitioners is that no offence as alleged in the FIR is made out against the petitioners and the matter does not require any further investigation.
In view of the aforesaid facts and circumstances, prima facie, a case for grant of indulgence is made out.
Until further orders of this Court, petitioners shall not be arrested in pursuance of the FIR registered as Case Crime No.923 of 2017 u/s 366 IPC PS Sarai Khwaja District Jaunpur.
The petitioners have expressed an apprehension before this Court that there is likelihood of her becoming a victim of honour killing at the instance of her family members especially the brothers who have been arrayed as respondent nos.6 to 10.
In this view of the matter, this Court hereby restrains the respondent nos.4 to 10 from interfering in any manner whatsoever in married life of petitioner nos.1 and 2. Any violation of this order will make them answerable to this Court.
The petitioners are given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned through their local counsel along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.
Let a copy of the order be forwarded to the concerned SSP/SP through the office of the Government Advocate who after receipt of the order shall ensure the safety of the petitioners and also shall ensure that the family members of the victim do not cause any harm or injury to the petitioners and shall ensure fair investigation of the matter without any whims, caprice or personal notion of morality.
Order Date :- 7.11.2017 SP