Court No. - 20 Case :- MISC. BENCH No. - 7239 of 2010 Petitioner :- Subhash Maurya, & Anr. Respondent :- State Of U.P., Thru. Superintendent Of Police, Gonda & Ors. Petitioner Counsel :- Manoj Kumar Mishra Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioners, learned A.G.A and
learned counsel for the opposite party.
This petition under Article 226 of the Constitution of India has been
filed by the petitioners for quashing the impugned FIR, registered in
case crime no.476/08, under Sections 363/366 IPC, Police Station
Wazirganj Dist. Gonda and also for direction to the opposite parties
not to arrest the petitioners in pursuance to the said impugned FIR.
The submission of learned counsel for the petitioners is that
petitioner no. 2 is major and her date of birth is 25.01.1990,
petitioner no. 1 Subhash Maurya is also a major and they have
entered in to marriage on their own sweet will and they are living
together as a husband and wife. Since opposite party no. 3, father of
petitioner no. 2 was not ready for this marriage, therefore, he lodged
FIR against the petitioner no. 1 and others with false allegations. As
per law laid down by the Supreme Court, a major girl is free to
marry and live with any person she likes. In view of the law laid
down by the Hon’ble Apex Court in the case of Lata Singh Vs. State
of U.P & Anr, reported in 2006(5) ALJ,357 therefore no offense is
under Sections 363/366 IPC is made out against the petitioner no. 1.
Smt. Jagriti, petitioner no.2 is present in Court she states that she
being major had entered into marriage with petitioner no. 1 and they
are living like a husband and wife.
Issue notice to opposite party no.3 to file counter affidavit within
four week. The petitioner may file rejoinder affidavit within two
week thereafter.
List thereafter.
Keeping in view of the submission of learned counsel for the
petitioners as well as statement of petitioner no. 2( the prosecutrix),
it is provided that petitioner no. 1 will not be arrested by the
Investigating Officer in the aforesaid case crime number till the
next date of listing or till filling of the charge sheet/police report
under Section 173 Cr.P.C whichever is earlier will cooperate in the
investigation.
It is also provided that Superintendent of Police Gonda will ensure
the protection of petitioners and they are not unnecessary harassed.
Order Date :- 2.8.2010
Shahnaz