Suraj And 2 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 8974 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Reserved on 16.03.2023
 
Delivered on 27.03.2023
 
Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3925 of 2023
 

 
Petitioner :- Suraj And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Devendra Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Anjani Kumar Mishra,J.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

The instant writ petition seeks quashing of the FIR dated 12.07.2022 giving rise to Case Crime No.175 of 2022, under Sections 363, 366 I.P.C., Police Station- Lalauli, District- Fatehpur.

The contention of the learned counsel for the petitioners is that although the alleged victim is shown to be sixteen years of age in the First Information Report, she is infact major, as at the time of her admission in school, her father showed her age to be less than two years from the actual.

The High School Mark-sheet has been filed on record as Annexure 6 wherein the date of birth of the victim is recorded as 09.05.2006.

It is also contended that the victim has married the petitioner no.2 and that they are living in Surat. It is also stated that the alleged victim is pregnant. Reliance has been placed upon the judgment of the Apex Court in Suhani Vs. State of U.P., 2018 0 Supreme(SC) 1430.

Learned AGA has pointed out that the victim has not been recovered till date.

We have considered the submissions made and have perused the record.

The victim is shown to be a minor as per her High School Mark-sheet which is conclusive insofar as her age is concerned and any submission to the contrary is to be rejected outright. Neither the victim has been recovered nor the petition has been filed on her behalf.

The petitioners are not entitled to any benefit on the basis of the judgment cited as therein a finding was recorded that alleged victim therein was major. Such is not the position in the case at hand. The High School Mark-sheet of the victim which is conclusive proof of her age shows that she is a minor.

Under the circumstances and since the victim is minor, the allegations of the First Information Report constitute a cognizable offence. For the same reason, the First Information Report cannot be quashed nor can any relief be granted to the petitioners.

Accordingly, the writ petition is dismissed.

Order Date :- 27.3.2023

Aditya Tripathi