Allahabad High Court
Ghan Shyam vs State Of U.P. And Another on 29 July, 2022
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- APPLICATION U/S 482 No. - 2187 of 2018
Applicant :- Ghan Shyam
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Alok Kr. Misra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Dinesh Kumar Singh,J.
1. Heard Sri Alok Kumar Misra, learned counsel for the petitioner and Sri Ran Vijay Singh, learned A.G.A. for the State-respondent.
2. Present petition under section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 12-01-2018 passed by the learned court below as well as entire proceedings of Case No. 21 of 2018, State Vs. Ghan Shyam, under sections 363 & 366 I.P.C. in Case Crime No. 307 of 2017, Police Station-Katra Bazar, district-Gonda.
3. The F.I.R. No. 0307 of 2017, under sections 363 & 366 I.P.C., Police Station-Katra Bazar, district-Gonda, came to be registered on a complaint of the father of the prosecutrix, who alleged that petitioner had enticed away the prosecutrix, aged around 14 years in the night of 16/17-08-2017. The prosecutrix had taken with her two gold necklace, some other jewllery and Rs 4,000/- in cash. She had also taken with her Aadhar Card, I.D. Card and Pass-book and the clothes etc.
4. The prosecturix was recovered and her statement under section 161 Cr.P.C. was recorded by the Investigating Officer. She told her age to be around 20 years and alleged that her parents were marrying her/performing her Nikah with an old man. When she protested, she was beaten up by her parents mercilessly. Aggrieved by this fact that she was being married with an old man, she told this fact to the accused-petitioner, who was resident of the same village and with him, she went to Lucknow and stayed in the house of the accused-petitioner for 3-4 days.
5. The prosecutrix reiterated aforesaid statement in her statement recorded under section 164 Cr.P.C.
6. Learned counsel for the petitioner submits that no offence is made out against the petitioner for the offences under sections 363 & 366 I.P.C. The accused-petitioner gave shelter to the daughter of the complainant as she was distressed by the fact that she was being married with an old man. He further submits that the Supreme Court way back in the case of S. Varadarajan Vs. State of Madras, reported in AIR 1965 Supreme Court, 942 :: 1965 MadLJ(Cri)640, held that if a minor comes to live with a person, the said person does not have a duty to send back the minor to her parents/legal guardians. He further submits that from the statements of the prosecturix recorded under sections 161 Cr.P.C. and 164 Cr.P.C., it is evident that the prosecutrix herself came to the petitioner to live with him without there being any force, coercion or undue influence and there is no question of enticing away the prosecutrix by the petitioner in the given facts and circumstances of the case. The medical age of the prosecutrix was determined to be around 18 years.
7. Sri Ran Vijay Sinjgh, learned A.G.A. has opposed the petition, however, he has not disputed the fact that there is nothing on record to suggest that the prosecutrix was enticed away by the petitioner rather she came to the petitioner to live with him voluntarily out of her own free will.
8. Considering the submissions advanced by very imminent counsel of this court Sri Alok Kumar Mishra and Sri Ran Vijay Singh, learned A.G.A. and also taking into consideration the Judgment of the Supreme Court in the case of S.Varadarjan(Supra), this court finds force in the submissions of learned counsel for the petitioner that no offence under sections 363 & 366 I.P.C. is made out in the given facts and circumstances of the case and therefore, it would be appropriate to quash the impugned proceedings.
9. In view thereof, the present petition is allowed.
10. The impugned proceedings initiated against the petitioner in pursuance of the order dated 12-01-2018 passed by the learned court below as well as entire proceedings of Case No. 21 of 2018, State Vs. Ghan Shyam, under sections 363 & 366 I.P.C. in Case Crime No. 307 of 2017, Police Station-Katra Bazar, district-Gonda, are quashed.
Order Date :- 29.7.2022
AKS
