Allowed

Sazia Parveen and 2 Others v. State of U.P. and 2 Others

Allahabad HC18 May 2018CRLP/12687/2018

Case brief

AI extract

What is this about?

This Criminal Misc. Writ Petition sought quashing of an FIR alleging criminal conspiracy and abduction in a matrimonial dispute. The court examined the female petitioner (victim), confirmed her majority and voluntary marriage to the male petitioner, and subsequently allowed the petition, quashing the FIR.

What did the court decide?

The impugned FIR registered as Case Crime No. 0205 of 20158 is quashed. Liberty granted to file an application for safety if threats are extended.

Sazia Parveen and 2 Others Vs State of U.P. and 2… — Matrimonial and Divorce | Allahabad HC (2018)

¶1

Court No. - 51

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 12687 of 2018

¶3

Petitioner :- Sazia Parveen And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Verma Counsel for Respondent :- G.A.,Faizul Hasan

¶4

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

¶5

Heard learned counsel for the petitioners, Sri Faizul Hasan learned counsel for the respondent no.3, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.

¶6

Learned counsel for the petitioners submits that the victim herself is petitioner no. 1 and the accused is petitioner no. 2; there is joint affidavit in support of the writ petition; as per Aadhar Card the age of the victim is 25 years and as per high school mark sheet the date of birth of the victim is 09.07.2000; that both are major and have solemnized marriage out of their own sweet and free will without any fear, threat or coercion and they are living happily as husband and wife. 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.

¶7

Learned counsel for the complainant has opposed the writ petition but he does not dispute the veracity of the High School Mark Sheet.

¶8

Petitioner nos. 1 and 2 are present before this Court and they have identified each other and also they have been identified by their counsel on the basis of the documents produced in his chamber. With the consent of the parties, the Court now proceeds to examine petitioner no. 1.

¶9

On being asked "aapka naam kya hai" she informs "Sazia Parveen"; on being further asked "aapke pita ka kya naam hai" she informs "Nazarul Hasan" on being asked "kya aapne shaadi ki hai" she informs "ha Abid se ki hai apni marji se bina kisi dabao ke" on being asked "aapke pita yaha court mein aye hai kya aap unse baat karna chahti hai' she informs "ha kar lenge" the Court has given five minutes time to converse with her girl in the Court premises. After talking with her father the Court further asked the victim "aap kiske sath jana chahti hai" she informs "mein apne husaband Abid ke sath jana chahti hu".

¶10

In view of the aforesaid facts and circumstances of the case and also in view of the statement of the girl made before this Court and also in view of the fact that the girl is a major as per High School Mark sheet-cumcertificate, 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 registered as Case Crime No. 0205 of 20158 u/s 363, 366 IPC, police station Kotwali Sambhal, District Bheem Nagar (Sambhal) is hereby quashed. Consequences to follow.

¶11

The petitioners are also given liberty that in case any threat is extended to

¶12

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.

¶13

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

¶14

Order Date :- 18.5.2018 Ujjawal

Sazia Parveen and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sazia Parveen and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Swati Tyagi and Another Vs State of U.P. and 3 Others

Khilafat Ali and Another Vs State of U.P. and 3 Others

Komal and Another Vs State of U.P. and 2 Others

Sunil Yadav and 2 Others Vs State of U.P. and 2 Others

Viany Kumar Alias Yogesh and 5 Others Vs State of U.P. and 3 Others

Aneeta and 4 Others Vs State of U.P. and 2 Others