Ajay Kumar Dubey And Another vs State Of U.P. And 3 Others
2021 Latest Caselaw 590 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5115 of 2020
 

 
Petitioner :- Ajay Kumar Dubey And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ravi Shanker Pathak
 
Counsel for Respondent :- G.A.,Mashaluddin Shah
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Chand,J.

Heard Sri Ravi Shanker Pathak, learned counsel for the petitioners, Sri Mashaluddin Shah, learned counsel for the respondent no.4 and Sri Gambhir Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 22.11.2019 registered as Case Crime No.313 of 2019, under Sections 363 I.P.C., Police Station Zafrabad, District Jaunpur.

Learned counsel for the petitioners submitted that the prosecutrix/petitioner no.2 and petitioner no.1 are major aged about 32 years and 31 years respectively as per high school certificate. There was love affair between the petitioner no.1 and 2 and they both have performed marriage on 17.11.2019. He next argued that the petitioner no.2 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no.1 and that she was major, it cannot be said that any cognizable offence against the petitioner nos.1 and 2 is made out, hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos.1 and 2 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 366 I.P.C., cannot be approved of.

Per contra learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions made by the learned counsel for the petitioners.

Learned AGA has not been able to demonstrate that either the prosecutrix Smt.Arti Dubey @ Naziya Bano was minor on the date of the incident or that she had been kidnapped or abducted by the petitioner no.1, in view of the above it cannot be said that the petitioner nos.1 has committed any cognizable offence. The writ petition accordingly succeeds and is allowed.

The impugned FIR and all subsequent proceedings taken against the petitioners in pursuance thereof are hereby quashed.

There shall however be no order as to costs.

.

(Subhash Chand, J.) (Ramesh Sinha, J.)

Order Date :- 11.1.2021

PS