Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26043 of 2019 Petitioner :- Smt. Anju Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subhash Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and the learned A.G.A. on behalf of the State.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 9.12.2019 in Case Crime No. 883 of 2019, under Section 366 I.P.C., police station Karwi Kotwali Nagar, district Chitrakoot.
Learned counsel for the petitioners has identified the petitioner nos. 1 & 2, namely, Smt. Anju Devi and Raju @ Chunna @ Chunna Lal, who are present before this Court. It is submitted that the petitioner no. 1 has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence according to Hindu Customs & Rites. It is further submitted that the petitioners have been roped in the present case only in order to cause sheer harassment. Both the petitioners are leading happy marital life. Hence the impugned F.I.R. on the basis of false allegations made in the first information report lodged by the respondent no. 4 who is the father of the petitioner no.1 is liable to be quashed.
Per contra learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioners in the commission of the said crime. They are involved in the serious offence, hence do not deserve any indulgence.
From the perusal of the FIR, prima facie cognizable offence is made out against the petitioner no. 2 at this stage hence there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submission made by the learned counsel for the petitioners and the learned A.G.A., we direct that the investigating officer shall record the statement of petitioner no. 1 under Section 161 Cr.P.C. and also move an application before the C.J.M. concerned within two weeks for recording the statement of petitioner no. 1 under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection. The petitioner no. 2 shall not be subjected to any harassment or embarrassment during the intervening period.
It is further directed that the petitioner no. 2 shall not be arrested in the aforesaid crime till the submission of the report under Section 173 (2) Cr.P.C, subject to restraint that they shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 19.12.2019 Shahnawaz