RAJESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition seeks issuance of a writ in the nature of Certiorari quashing order dated 22.04.2016, Annexure 6, passed by Additional Sessions Judge, Court No. 1, Lakhimpur Kheri. As a consequence of quashing of the order the petition also seeks issuance of a writ in the nature of Habeas Corpus for producing and releasing the detenue/petitioner.

(2.) Perusal of the pleadings in the petition and appended documents indicate that Crime No. 60 of 2016 under Sections 363/366 Indian Penal Code and Sec. 3/4 of the Protection of Children From Sexual Offences Act, 2012 has been registered at the instance of respondent No. 5. In the petition, it has been pleaded that the First Information Report is belated; in fact the prosecutrix had not been kidnapped, rather had gone willingly with the petitioner and got married to him; the prosecutrix has attained age of majority; prosecutrix got married to the petitioner as is evident from marriage certificate Annexure 2; during the course of investigation statement of the prosecutrix has been recorded under Sec. 164 Code of Criminal Procedure (for short Cr.P.C) in which she has not supported the prosecution case and has demonstrated that she solemnized marriage with the petitioner/detenue of her free will and consent and wants to live with the petitioner; medical age of the prosecutrix has been found to be 18 years; custody of the prosecutrix was given to her father, however, she had gone to the house of the petitioner/detenue because she is married to the petitioner/detenue.

(3.) We have taken into account the fact that the petition has been filed through Goldy Raj, the deponent who is daughter of respondent no. 5, who is the alleged prosecutrix/victim in the criminal proceedings. The deponent claims to be the wife of the petitioner/detenue.