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2012 DIGILAW 767 (ALL)

Deepanker @ Bhola and Ors. v. State of U. P Thru Secy. , Home Deptt. , and Ors.

2012-03-29

ABDUL MATEEN, SUDHIR KUMAR SAXENA

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Abdul Mateen & Sudhir Kumar Saxena, JJ.;- Heard learned counsel for petitioners, learned A.G.A. and Sri Surya Kumar, learned counsel appearing for opposite-party no.3. This petition has been filed with respect to quashing of FIR dated 17.3.2012 relating to Case Crime No. 65 of 2012, under Sections 363/366 IPC, P.S.Khargoopur, district Gonda. Allegation in the FIR is that since the prosecutrix has been recovered on 24th March, 2012 but despite that she was detained in police-station without any rhyme and reason. On the direction of this Court dated 28.3.2012, the prosecutrix Vaishali has been produced before this Court today by the Investigating Officer of the case. As comes out from Annexure-4 that date of birth of the prosecution is as 10.12.1993, as such she is major. The pleadings averred in the petition are to the effect that prosecutrix Vaishali has married with petitioner no.1 Deepanker alias Bhola out of her own free will and she is major. Although it has been pleaded by the learned counsel for opposite-party no.3 that petitioner Deepanker alias Bhola is now minor. On being asked Smt. Vaishali, who is present before this Court and is also identified by the counsel for respective parties, says that she has married with Deepanker alias Bhola out of her own free will and she wants to reside with him. Accordingly, we dispose of this petition with the direction that Smt. Vaishali shall be set free and she will be allowed to go where she likes without any hindrance. It is further directed that she shall make herself available to the Investigating Officer during the course of investigation and for the statements to be recorded under Section 164 Cr.P.C. It is also directed that petitioner Deepanker alias Bhola shall produce Vaishali before the Magistrate concerned on 11th April, 2012 for recording her statement under Section 164 Cr.P.C. The petitioners shall not be arrested during investigation. With the above direction, writ petition stands disposed of finally.