In the complaint, on the basis of which the FIR was registered, the allegation of the third respondent was that his daughter (victim – name masked) was studying in Lucknow for coaching in Banking.
Also Read: https://newslaw.in/supreme-court/vicarious-liability-under-section-34-of-ipc/
He stated that after exploiting his daughter, the appellant came to Sitapur at his residence on 22 April 2015 and left the victim there.
The successor of the said officer filed a counter affidavit to the writ petition on 11 August 2017 justifying the registration of the FIR, which also refers to the petition filed by the appellant under Section 9 of the HMA.
The learned counsel appearing for the appellant, invited our attention to Annexure P-2, which is a notice dated 1 May 2015 issued by an advocate on behalf of the victim.
Also Read: https://newslaw.in/supreme-court/interpretation-of-section-47-of-the-registration-act/
However, in the counter affidavit filed subsequently by the successor of the Circle Officer, it was contended that the marriage ceremony between the appellant and the victim was a farce made only to enable the appellant to establish sexual relations with the victim.
That through this notice I am informing Sri Satyendra Singh that on 16.2.2001 (sic), your son Ajeet Singh has solemnized marriage according to Vedic rites and ceremonies in his own wish, willingly with my client XXXX (name masked) daughter of Ram Naresh at Arya Samaj Mandir.
She stated that on 16 February 2015, the appellant took her to Arya Samaj Mandir and solemnized the marriage where no other person was present.
Also Read: https://newslaw.in/supreme-court/extension-of-benefit-of-doubt-in-criminal-convictions/
Therefore, on the face of it, the allegation that the physical relationship was maintained due to false promise given by the appellant to marry, is without basis as their relationship led to the solemnization of marriage. Therefore, we set aside the impugned judgment of the High Court of Judicature at Allahabad, Lucknow Bench dated 7 December 2016 and quash the Case Crime no.106 of 2016 registered against the appellant at Police Station Naka, District Lucknow, Uttar Pradesh.
Case Title: AJEET SINGH Vs. STATE OF UTTAR PRADESH (2024 INSC 5)
Case Number: Crl.A. No.-000032-000032 / 2024
