Allowed

Kaushal Kumari @ Kaushalya Devi and 4 Others v. State of U.P. and 3 Others

Allahabad HC22 May 2018CRLP/1721/2018

Case brief

AI extract

What is this about?

The Court allowed a writ petition and quashed an FIR under sections 363 and 366 IPC. Based on examination, the girl confirmed her marriage was voluntary. Being a major, no purpose served in keeping the case pending.

What did the court decide?

The impugned FIR registered as Case Crime No. 0014 of 2018 u/s 363,366 IPC, police station Bhutta, District Bareilly is quashed.

Kaushal Kumari @ Kaushalya Devi and 4… — Child Custody and Guardianship | Allahabad HC (2018)

¶1

Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 1721 of 2018 Petitioner :- Kaushal Kumari @ Kaushalya Devi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mr Sanjeev Mishra Gana Counsel for Respondent :- GA Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

¶2

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.

¶3

In compliance of the order passed by the this Court dated 10.05.2018, girl Kaushal Kumari @ Kaushlya Devi has been produced before this Court; the court has also examined the original High School mark sheet, which shows that the date of birth of girl is 07.07.2000; even though respondent no.4 has been duly served but neither any response has been filed nor anybody has put in appearance on behalf of the respondent no.4 and thus, the averments made in the writ petition will remain unrebutted. 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.

¶4

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.

¶5

On being asked from petitioner no. 1 "apka naam kya hai" she informs the Court "Kaushal Kumari @ Kaushlya Devi". On being asked "apke pita ji ka naam kya hai" she informs the Court "Omkar". On being further asked "apki umra kya hai" she informs the Court " meri umra 18 saal hai". On being further asked "kya apne shadi ki hai" she informs the Court " ha maine Ram Gopal @ Gopal se shaadi ki hai". On being asked "kya shaddi apne apni marzi se ki hai ya kisi ke dabao me aakar" she informs the Court clearly " ki meine apni marzi se shaadi ki hain bina kisi ke dabao ke". On being asked " kay apke pati Ram Gopal @ Gopal Court mein aaye hain" she informs the Court " ha meri pati Court mein aaye hain".

¶6

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-cum-certificate, 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. 0014 of 2018 u/s 363,366 IPC, police station Bhutta, District Bareilly is hereby quashed . Consequences to follow.

¶7

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.

¶8

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

¶9

Order Date :- 22.5.2018

¶10

T.S.

Kaushal Kumari @ Kaushalya Devi and 4 Others v. State of U.P. and 3 Others

Case brief

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Kaushal Kumari @ Kaushalya Devi and 4 Others v. State of U.P. and 3 Others

Case brief

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