ALLAHABAD HIGH COURT
MEGHA AND ANOTHER – Appellant
Versus
State of U.P. AND 3 OTHERS – Respondent
HABC 3475/2018
Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3475 of
2018
Petitioner :- Megha And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Krishna Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
In compliance of the order dated 12.11.2018, respondent No.4-
Pramod along with girl Megha has been produced in custody
before this Court. She has been brought here from Nari Niketan,
Meerut, by S.I. Rameshchand and 2123 Rubi Singh.
Corpus, Megha along with respondent No.4 is present before
this Court.
On being asked from respondent No.4 as to what is his name,
he informs that his name is Pramod and he is the father of the
girl, Megha. The father of the corpus, Megha, has made a
statement before this Court "Mujhko FIR press nahi karni hai. Main
chahta hun ki ladki shadi kar ke khush rahe aur mujhe is mukadame me
kuch nahi karna hai". He has further stated "meri ladki 18 saal se uper
hai atah wo jaha bhi jana chahe ja sakti hai."
In view of the statement made by the father of the girl before
this Court that he does not want to pursue the FIR and keeping
in view the statement made by him, no useful purpose would be
served by permitting investigation pursuant to the impugned
FIR to continue. Any further investigation would be abuse of
process of Court and wastage of public time and money.
Accordingly, the writ petition succeeds and is allowed.
The impugned FIR dated 18.9.2017 registered as Case Crime
No. 193 of 2017 under Sections 363, 366 376, 420, 467, 468,
471 IPC and 3/4 POCSO Act, 2012, P.S. Niwadi, District
Ghaziabad, is hereby quashed.
Corpus, Megha is hereby set at liberty forthwith and she is
permitted to go wherever and with whom she wants to go. Since
the corpus has expressed her desire to go with her husband,
Ankit Giri, she is permitted to go with her husband. No
hindrance will be placed in her movement.
Order Date :- 26.11.2018/LN Tripathi
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