Smt Kajal And Another vs State Of U P And 2 Others
2022 Latest Caselaw 1723 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 11792 of 2020
 
Petitioner :- Smt Kajal And Another
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Nitesh Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Anjani Kumar Mishra,J.

Hon'ble Deepak Verma,J.

In view of the office report dated 15.02.2022, service of notice upon the third respondent is held to sufficient.

Despite notice, no appearance has been filed by the said respondent. Neither any counter affidavit is available on record.

While entertaining this writ petition, the following order was passed -

" Heard Sri Nitesh Kumar Srivastava, learned counsel for the petitioners and Mrs. Archana Singh, learned A.G.A appearing for the State and perused the impugned F.I.R as well as material brought on record.

By means of this petition, the petitioners, Smt. Kajal and Mukesh, have prayed for quashing of the impugned FIR dated 11.09.2020 alongwith stay of arrest in Case Crime No. 0280 of 2020, under Sections 506 & 366 I.P.C., Police Station- Civil Line, District Rampur.

It appears from the averments made in paragraph no. 6 of the present petition, as per High School mark-sheet, the date of birth of victim/petitioner no.1 is 04.08.2002, as such petitioner no.1 is a major girl. It further appears from the averments made in paragraph no. 6 of the present petition that petitioner no. 2 is also major showing his date of birth as 05.07.1997. It further appears from the averments made in paragraph no. 7 of the present petition that the petitioners have also solemnized their marriage on 09.09.2020. The copy of the Marriage Agreement Notary Affidavit is annexed as annexure no. 3 to the present writ petition. It is further averred 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, 366 I.P.C., cannot be approved of."

Even learned AGA has not filed any counter affidavit.

Under the circumstances and since it is undisputed that the victim petitioner no.1 is major and has solemnized marriage with the petitioner no.2, no offence under Sections 366 or 506 IPC is made out.

Accordingly, we allow the writ petition and quash the impugned first information report.

Order Date :- 28.4.2022

RKM