Court No. 20
Writ Petition No. 6632 (M/B) of 2010
Sanjai Bajpai Petitioner
Vs
State of U.P and others Opp. Parties
Hon'ble Raj Mani Chauhan, J.
Hon’ble Virendra Kumar DIXIT,J.
Heard learned counsel for the petitioner, learned A.G.A and perused the
documents available on record.
This petition under Article 226 of the Constitution of India has been
filed by the petitioner for quashing the impugned FIR, registered at case crime
393 of 2010, under Sections 363, 366 I.P.C., Police Station Gola, District Kheri
and also for direction to the opposite parties not to arrest the petitioner in
pursuance to the said impugned FIR.
The submission of learned counsel for the petitioner is that the petitioner
and so called prosecutrix Shalu Pandey being major entered into marriage on
29.03.2010 in Arya Samaj Meston Road, Kanpur and since then they are living
together as husband and wife. They got their marriage registered on
29.06.2010 in the office of the Registrar, Hindu Marriage, Kanpur Nagar.
Their marriage certificate as well as registration certificate have been filed
by the petitioner as annexure Nos 2 and 3 to the writ petition. A major girl is
free to marry 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. The Chief Medical Officer, Kanpur Nagar has
opined the age of prosecutrix as 19 years. She being major entered into
marriage with petitioner Sanjai Bajpai. Therefore, no offence under Sections
363, 366 I.P.C. is made out against the petitioner. He, therefore, need interim
protection during investigation.
The prosecutrix Shalu Pandey, who is identified by Sri Naveen
Sinha, learned counsel for the petitioner, is present before this Court and
states that her date of birth is 28.10.1988. She also states that she had
voluntarily married with petitioner Sanjai Bajpai.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioner and
learned A.G.A.
Issue notice to opposite party No. 4 to file counter affidavit within four
weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Keeping in view the facts and circumstances of the case, it is provided
that petitioner shall not be arrested in the above mentioned case crime number
by the Investigating Officer till the next date of listing, subject to his
cooperation in the investigation which will go on.
20.07.2010
Renu/-
Let a certified copy of this order be supplied to learned counsel for the petitioner
today on payment of usual charges.
20.07.2010
Renu/-