Supreme Court - Daily Orders
Asif Khan Alias Sonu vs State Of U.P . on 14 September, 2015
Bench: Dipak Misra, Prafulla C. Pant
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1215 OF 2015
(Arising out of SLP (Crl) No.2923 of 2015)
Asif Khan Alias Sonu & Anr. … Appellants
VERSUS
State of U.P. & Ors. … Respondents
O R D E R
Leave granted.
This Court on 11.05.2015 had passed the following order :
“Mr. Gaurav Bhatia, learned Additional Advocate General appearing for the State of U.P., shall file the statement recorded under Section 164 Cr.P.C. by first week of July, 2015. Additionally, Mr. Bhatia shall also file an affidavit of the competent authority with regard to the stand put forth by Farheen Bano, the petitioner No.2 herein, that she has exercised her franchise in the year 2014. Liberty is granted to file additional affidavit in this regard.
The affidavit filed by the father of the petitioner No.2 be taken on record. Liberty is granted to file further affidavit.
The interim protective order passed on 27th April, 2015, shall remain in force until further orders. Mr. Gaurav Bhatia, learned Additional Advocate General appearing for the State, has Signature Not Verified submitted that the State shall live up to the Digitally signed by occasion to provide adequate security to the Gulshan Kumar Arora Date: 2015.09.19 13:33:12 IST petitioners as it has been doing in the Reason:
meantime.
Let the matters be listed on 14th September, 2015. The petitioners shall remain personally 2 present on that day. ” It is submitted by Mr. Bhatia, learned Additional Advocate General for the State of Uttar Pradesh that he has verified the fact that Ms. Farheen Bano had cast her vote in 2014 election.
That apart, it is submitted by Mr. Bhatia that in the statement recorded under Section 164 of the Code of Criminal Procedure, she has clearly stated that she was married to Asif Khan alias Sonu, the appellant herein, and was staying with him. Her Statement under Section 164 reads as under :
“Statement on Oath – I am giving this statement according to my wish. I am not giving this statement due to fear or dominance of any one. I am major. I know about my good and bad part. On 21.08.2014 at 7.00 morning time, I have been with Asif with my own wish, we were known to each other earlier before going. I was knowing Asif since last 4 years. No one took me by alluring or convincing me. I got married with Asif Khan with my own wish and will. Presently I am staying with Asif Khan. And I want to stay with him only. My father and mother want to sell me for increasing their business. My father and mother gives threat for life to me and my husband and my in laws. If any incident takes place in future, then they will be responsible for that.
That case which has been filed against my husband Asif Khan is false and my husband is innocent. I have read over the statement and explained to the witness, she has said it is correct and had supported it.” We have been apprised that the girl (Farheen Bano) is pregnant.
Regard being had to the totality of facts and circumstances, we think it is a fit case where the criminal proceedings should 3 not continue and accordingly the case crime No.529 of 2014 instituted for offences punishable under Section 363/366 of the Indian Penal Code is quashed.
Mr. Bhatia submitted that the State Government shall grant police protection to the couple for the period of one month hence and thereafter reassess the situation. The State shall review the situation after one month and see to it that the couple is protected. He also assured that the State Police shall see to it that they reach their home safely.
Accordingly, the appeal is allowed and the order passed by the High Court is set aside.
.....................,J.
(Dipak Misra) .....................,J.
(Prafulla C. Pant) New Delhi;
September 14, 2015.
ITEM NO.40 COURT NO.5 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2923/2015
(Arising out of impugned final judgment and order dated 10/03/2015 in CRMWP No. 14840/2014 passed by the High Court of Judicature at Allahabad) ASIF KHAN ALIAS SONU AND ANR. Petitioner(s) VERSUS STATE OF U.P AND ORS. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 14/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Varinder Kumar Sharma, AOR For Respondent(s) Mr. Gaurav Bhatia, AAG Mr. Adarsh Upadhyay, AOR Mr. Shantanu Krishna, Adv.
Mr. M. M. Kashyap, AOR Ms. Phool Kumari, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)