Allowed

Ajai Kushwaha v. State of U.P. and 2 Others

Allahabad HC21 May 2018CRLP/11912/2018

Case brief

AI extract

What is this about?

The High Court allowed the criminal miscellaneous writ petition and quashed the impugned FIR u/s 363, 366, 147, 504, 506 IPC and 3(1)X SC/ST Act, observing that the victim was a major, the marriage was under mutual consent and the couple has two minor children.

What did the court decide?

The impugned FIR dated 02.06.2014 u/s 363, 366, 147, 504, 506 IPC and 3(1)X SC/ST Act, registered at police station Chakeri, District Kanpur Nagar is quashed. Liberty granted for safety applications.

Ajai Kushwaha Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11912 of 2018

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Petitioner :- Ajai Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Saksena,Anupam Laloriya Counsel for Respondent :- G.A.

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

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In compliance of the order dated 09.05.2018 passed by this Court, respondent no.3 is present before this Court and he is represented by learned counsel namely Sri Chandra Dutt.

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Heard learned counsel for the petitioners, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.

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We have perused the interim order dated 09.05.2018 passed by this Court, contents of which are self-explicit and duly recorded in the order dated 09.05.2018; fact remains that victim herself has filed affidavit in support of the writ petition; date of birth of girl is year 1996 as per Aadhar Card, copy of which has been annexed at page 42 to the writ petition; date of birth as per marriage certificate is 25.11.1995; it has been mentioned in para nos.7 and 8 to the writ petition that both are major and they have also solemnized marriage out of their own sweet will and they are living happily as husband and wife with two minor children. Learned counsel for the petitioners has further placed reliance upon a judgment of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013 . The contention is that the allegations as made in the first information report are false and baseless.

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When the case has been taken up today, respondent no.3 is present before this Court.

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In view of the aforesaid facts and circumstances of the case and also in view of the fact that the girl is a major as per Aadhar card and the marriage registration certificate and also in view of the fact that two children have born out of the wedlock of the petitioner and the victim, no purpose would be served in keeping the present case pending before this Court. Accordingly the instant writ petition is allowed and the impugned FIR dated 02.06.2014 registered as Case Crime No. 511 of 2014 u/s 363, 366, 147, 504, 506 IPC and 3(1)X SC/ST Act. police station Chakeri, District Kanpur Nagar is hereby quashed. Consequences to follow.

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The petitioners are also given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.

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A copy of this order shall be forwarded to the Government Advocate for necessary compliance.

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Order Date :- 21.5.2018 T.S.

Ajai Kushwaha v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ajai Kushwaha v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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