Smt Sonam And Others vs State Of U P & Others

Court No. - 51

Case :- CRIMINAL MISC. WRIT PETITION No. - 163 of 2017 Petitioner :- Smt. Sonam And 2 Others Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J. Hon'ble J.J. Munir,J.

Heard learned counsel for the parties.

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. of 441 of 2016 u/s 363, 366 IPC P.S. Kamalganj, District Farrukhabad.

In view of the office report dated, service of notice upon respondent no.4 is deemed sufficient.

The Court while granting interim order dated has clearly observed herein as under:-

"On the matter being taken up today, Smt. Sonam, petitioner no. 1 is present in Court and she claims that she is major and on her own freewill, walked out from her parental house and has entered into matrimonial alliance with Amit Kumar, petitioner no.2.

Both the petitioners have contended that they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, that, offence has been committed under Section 363 I.P.C., cannot be approved of. "

In view of the facts and circumstances of the case as enumerated herein above and also keeping in view the law as laid down by the Apex Court while deciding Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013 and also in view of the statement made by the girl/victim herself before this Court, no purpose would be served in keeping the matter pending before this Court. Accordingly, the present writ petition is being disposed of 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 shall look into the matter and thereafter shall ensure that fair investigation is done in accordance with law;

(c) The investigation shall be completed, if not already completed, at the earliest;

(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;

(e) 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 of finally.

Order Date :- 8.11.2017 Deepak