Pushpendra Kumar And Anr. vs State Of U.P. And 3 Others
2016 Latest Caselaw 286 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5582 of 2016
 

 
Petitioner :- Pushpendra Kumar And Anr.
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Poonam Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Learned counsel for the petitioners is permitted to implead the victim Smt. Savitri Devi as petitioer no.3 in the array of the parties.

Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 3.

Issue notice to the opposite party no. 4.

Each one of the respondent is accorded four weeks' time to file counter affidavit.

Rejoinder affidavit may also be filed within two weeks' thereafter.

List after six weeks'.

On the matter being taken up today, Smt. Savitri Devi, petitioner no. 3 is present in the 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 Pushpendra Kumar, s/o Bhudev Singh petitioner no. 1.

Both the petitioners have contended that once 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 Sections 363 I.P.C., cannot be approved of.

The petitioners are present in the Court and have been identified by their counsel.

Prima facie arguments advanced appear to have some substance and require consideration by this Court as such pursuant to impugned F.I.R. dated 2.2.2016 registered as Case Crime No. 23 of 2016, under sections 363 I.P.C., P.S. Sidhpura, district- Kanshi Ram Nagar, no coercive action be taken against the petitioners.

Order Date :- 10.3.2016

RU