Smt. Bala Shakya And Anr. vs State Of U.P. And 2 Ors.
2017 Latest Caselaw 5387 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21966 of 2017
 

 
Petitioner :- Smt. Bala Shakya And Anr.
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Mahesh Chandra Tiwari,Kiran Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Hon'ble J.J. Munir,J.

Shri Sanjay Singh, Advocate, has filed his appearance on behalf of respondent No. 3. The same is taken on record.

Smt. Bala Shakya - petitioner No. 1 is present before this Court today and she has identified petitioner No.2 - Saurav Shakya, who is also present before this Court today, as her husband, who in turn identified petitioner No. 1 as his wife.

Learned counsel for the petitioners has identified both the petitioners on the basis of documents produced before him in his chamber as a counsel.

The Court has examined Bala Shakya- petitioner no. 1, who has made a statement before this Court that her date of birth is 10th July, 1994, which is duly supported by her High School Certificate, even in the FIR her age is mentioned as 19 years. Bala Shakya - petitioner No. 1 also informed the Court that she has married with petitioner No. 2, who is present before this Court today. She further informed the Court that she married with petitioner No. 2 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. 

Learned counsel for the petitioners submits that petitioner No.1 and petitioner No. 2 are major and they have also solemnized their marriage and they are living happily as husband and wife. 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.

Learned counsel for the respondent No. 3 has not disputed the aforesaid facts as stated by learned counsel for the petitioners.

Looking to the averments as made in the writ petition and the submissions advanced by learned counsel for the respondent No. 3, no purpose would be served to keep the writ petition pending.

In the facts and circumstances of the case, the writ petition is allowed. The impugned FIR dated 3.10.2017, registered as Case Crime No. 895 of 2017 under Section 363/366, Police Station New Agra, District Agra, is hereby quashed.

The girl is present before this Court and is made a statement that she want to go with her husband wherever she wants to go along with her husband without any hindrance.

Learned counsel for the opposite party No. 3 fairly conceded that looking to the facts that the petitioner No. 1 is a major girl and he has no objection if girl wants to go with her husband. However, a request has been made on behalf of opposite party No. 3 that the mother of the girl is present in the Court and she wants to talk with the girl but the girl refused to talk with her mother.

Order Date :- 12.10.2017

LN Tripathi