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Subhash v. State Of U.P. And Thru. Its Sec. Home And Othes - CRIMINAL MISC. WRIT PETITION No. 5954 of 2005 [2005] RD-AH 1450 (13 June 2005)


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Court No. 10

Crl. Misc.Writ Petition No. 5954 of 2005


Subhash                                                   Petitioner


State of U.P. & others.                               Respondents.


Hon. A.K. Yog, J.

Hon. Vikram Nath, J.

Petitioner has prayed for quashing of FIR dated 23.05.2005 registered as Case Crime No. 765 of 2005, under Section 366 IPC, P.S. Chandi nagar, district Bagpat filed as Annexure 1 to the petition.

The petitioner Subhash son of Pitey, has appeared in person before us. Sri Kamal Singh Yadav, learned counsel for the petitioner has identified him. The aforesaid person claiming to be Subhash matches with the photographs pasted on the Arya Samaj marriage certificate filed as annexure 2 to the writ petition (particular page no. 12 of the writ paper book). Smt. Rakesh daughter of Mahavir is also present in Court and has also been identified by the aforesaid counsel as well as Subhash before us. Aforesaid Rakesh daughter of Mahavir stated before us that she is aged about 22 years and is living with Subhash of her own free will. From the appearance we have no reasons to doubt about her age. Both Subhash and Smt. Rakesh are major and are free to reside with their free will. In view of that matter, respondents are directed not to interfere with the peaceful life of Subhash along with Smt. Rakesh with whom he claims to have married according to the certificate issued by Arya Samaj, 2164, Jamuna Bazar, Near Dada Darbar, Delhi. Further in view of the statement made by Smt. Rakesh and looking to her age we are satisfied that no offence under Section 366 IPC is made out. Accordingly, the FIR dated 23.05.2005 is liable to be quashed.

In the result the writ petition stands allowed and the impugned FIR dated 23.05.2005 (Annexure 1) is quashed. It is further directed that the respondents shall not interfere with the peaceful life of the petitioner with his wife Smt. Rakesh daughter of Mahavir. No order as to costs.    

Dated: 13.06.2005

v.k.updh. (100)  



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