Mukesh and Ors. vs State of U.P.& Ors.

This writ petition has been filed by Mukesh son of Anshu Bhan Singh, Mamta Chauhan alias Dirapdi Chauban, Geeta daughter of Anshu Bhan Singh, Ram Gulam son of Sri Anshu Bhan Singh and Shiv Kumar son of Krishan Pal Singh for the quashing of the F.I.R. and investigation of Crime No. 4 of 1995, under Sections 363, 366 and 506 I.P.C., police station Madiaon, Lucknow. the F.I.R. of the case was tiled by Niraj Singh Chauhan stating that his sister Hema Chauhan had eloped with Mukesh Chauhan, the petitioner No. 1 and the others who had connived with the elopement are Ram Gulam Singh Yadav, the mother of Mukesh and Geeta, younger sister of Mukesh.

This Court had earlier summoned Hema Chauhan and recorded her statement. In her statement, Hema Chauhan categorically stated that she had entered into marriage with Mukesh and she was living with him in Aliganj. She further stated that her age is about 19 years.

We have again summoned Hema Chauhan today. From her appearance Hema Chauhan appears to be a grownup girl and may be of 19 years of age. She has already cohabited with Mukesh for Feme time and has taken the decision of her life. Mukesh has also accepted that be has entered into marriage with Hema Chauhan and has given an undertaking that he would keep Hema Chauhan in a decent manner as his wife.

In these circumstances, continuance of the prosecution would be nothing but waste of public time and money and no fruitful result is likely to comeout of the prosecution. It is a fit case for quashing of the F.I.R. and the prosecution. In our view we are fortified with the articulation of the Supreme Court in the case of Sangeeta Rani v. State of U.P,, 1992 SCC (Supp.) 715.

In the premise, this writ petition is allowed. The F.I.R. and investigation in crime No 4 of 1995, under Sections 363, 346 and 506 I.P.O., Police Station Madiaon, district Lucknow is quashed.