Dismissed

Rekha and 2 Ors. v. State of U.P. and 2 Ors.

Allahabad HC3 May 2018CRLP/11060/2018

Case brief

AI extract

What is this about?

Court dismissed a writ petition seeking quashing of an FIR in a POCSO case where the victim and accused were married consensually without coercion. Directions were issued to refrain from coercive action pending police investigation while ensuring fair and expeditious inquiry.

What did the court decide?

No coercive action to be taken against petitioners pending submission of police report under Section 173(2) Cr.P.C., with directions for fair and expeditious investigation.

Rekha and 2 Ors. Vs State of U.P. and 2 Ors. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11060 of 2018

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Petitioner :- Rekha And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard learned counsel for the petitioners and the learned AGA for the State.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No.232 of 2018, under Sections 363, 354 I.P.C. and 7/8 Protection of Children From Sexual Offences Act, 2012, Police Station- Chandausi, District Sambhal.

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Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2 are major and they have also solemnized marriage out of their own sweet and free will without any threat, fear or coercion and they are living happily as husband and wife; as per the first FIR the age of petitioner no. 1 is 19 years. He further informed the Court that both the petitioners are present before this Court today.

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Smt. Rekha - petitioner no.1 is present before this Court today and she has identified petitioner no.2, who is also present before this Court today, as her husband, who in turn identified petitioner no. 1 as his wife.

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Learned counsel for the petitioners has identified both the petitioners on the basis of documents produced before him in his chamber as a counsel.

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Since Rekha - petitioner no.1 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her.

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Accordingly, the Court has examined Rekha - petitioner no.1, who has made a statement before this Court. On being asked "Apka naam kya hai" she informs the Court "Rekha". On being asked "Apke pita ji ka kya naam hai she informs the Court "Udaiveer Singh". On being further asked "Apki umra kitni hai she informs the Court "19 years". On being further asked "Aap kitne tak padhi hai she informs the Court "11th tak padhi hu". On being further asked "Kya apne shaadi ki hai" she replied "Ha". On being asked "Apne shaadi kisse ki hai" she informs the Court " Sani Sharma se ki hai". She further contends no offence as alleged in the FIR has been made out, however, the police under the garb of investigation is unnecessarily harassing the petitioners.

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In view of the facts and circumstances of the case and with the consent of learned counsel for the parties and keeping in view the

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law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 , and also in view of the statement made by the victim girl herself before this Court today, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-

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(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;

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(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with law without any whims, caprice or personal notion of morality;

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(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view the law as laid down by the Division Bench of this Court at Lucknow Bench in the case of Vishal Jaiswal and another v. State of U.P. and others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010.

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(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;

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(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.

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The writ petition, accordingly, stands disposed off finally.

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Order Date :- 3.5.2018 Radhika

Rekha and 2 Ors. v. State of U.P. and 2 Ors.

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Rekha and 2 Ors. v. State of U.P. and 2 Ors.

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