HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- MISC. BENCH No. - 11461 of 2014 Petitioner :- Laxmi Devi And Ors. Respondent :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors. Counsel for Petitioner :- Dilip Mani Tripathi Counsel for Respondent :- Govt. Advocate Hon'ble Ajai Lamba,J.
Hon'ble Akhtar Husain Khan,J.
(Oral)
1. Costs as directed by order dated 1st April, 2015 have been deposited.
2. Petition seeks issuance of a writ in the nature of Certiorari, quashing F.I.R., bearing Case Crime No. 470 of 2013, under Sections 363 and 366 IPC., read with Section 3(1)X of the SC/ST Act, police station Dhaurahara, district Kheri.
3. It has been pleaded in the petition that petitioners no. 1 and 2 have attained marriageable age. The petitioners no 1 and 2 got married which, however, was not accepted by respondent no. 3. Marriage was solemnized on 15th July, 2013 in Durga Temple, Kheri. In such circumstances, impugned criminal case has been lodged.
4. We have taken note of the fact that Sections 363 and 366 of the Indian Penal Code have been invoked, along with provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
5. Short counter affidavit has been filed by Sri Manoj Kumar Yadav, Circle Officer Dhaurara, Lakhimpur Kheri along with statement of the prosecutrix recorded under Section 164 Cr.P.C. (S.C.A-2).
6. A perusal of the statement of the prosecutrix/victim indicates that she has not supported the prosecution case. It has been stated by the prosecutrix that her mother and father wanted to sell her. It has further been stated that the prosecutrix wanted to get married of her own free will and, therefore, she eloped with Suresh, petitioner no. 2. She has specifically stated that she got married to Suresh. The marriage is one year old. She has been living with Suresh and has a fetus of three months. It has been further stated that her mother and father have initiated criminal proceedings on the basis of wrong facts.
7. Annexure S.C.A.3 filed with the short counter affidavit indicates that the age of the prosecutrix is 18 years. Medical evidence further indicates that the prosecutrix is carrying a child.
8. It is the case of the respondent State that the investigating agency proposes to file a final report, however, legal impediment has been created by the Senior Prosecuting Officer, Lakhimpur Kheri.
9. We have considered the facts and circumstances of the case.
10. Even after investigation, it has been found that petitioner no. 1 got married to petitioner no. 2 willingly. Statement of the prosecutrix has been recorded under Section 164 Cr.P.C. The statement belies the claim of respondent no.3-complainant that petitioner no. 1 had been kidnapped or abducted. The case of the prosecutrix rather is that she of her own accord had eloped with Suresh and had got married. The medical evidence further indicates that petitioner no. 1 was carrying fetus of three months.
11. Considering the totality of facts and circumstances of the case, we are of the considered opinion that ingredients of Section 363 of the Indian Penal Code are not satisfied. Similar is the conclusion drawn by the investigating officer.
12. We are sensitive of the fact that in an offence under Section 363 and 366 of the Indian Penal Code, the victim is the prosecutrix. In this case, the prosecutrix herself states that she got married with petitioner no. 2 willingly for the reason that her mother and father wanted to sell her off.
13. Considering the legal aspect of the matter, or equitable aspect of the case, we are of the opinion that no offence has been committed. In case the proceedings are carried to their logical end, the victim will not depose to support the prosecution case. The prosecuting agency, as well as the heavily burdened judiciary, shall be further burdened with another trial, in which conviction cannot be recorded. Continuance of proceedings shall be an exercise in futility.
14. In view of the above, the petition is allowed. FIR., bearing case crime No. 470 of 2013, under Sections 363 and 366 IPC., read with Section 3(1)X of the SC/ST Act, police station Dhaurahara, district Kheri is hereby quashed.
Order Date :- 17.4.2015 anb