Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26030 of 2019 Petitioner :- Anju And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Grijesh Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
The certified copy of the impugned F.I.R. has been filed by the learned counsel for the petitioners which is taken on record.
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 20.10.2018 in Case Crime No. 0934 of 2018, under Sections 363, 366 and 120-B of I.P.C, P.S.- Eatmaddaula, District- Agra.
It is submitted by learned counsel for the petitioners that the petitioner no. 1 has performed marriage with the petitioner no. 2, according to Hindu rights and Customs on 25.10.2018 and they are living happy matrimonial life. Respondent no. 4 who is the father of the petitioner no. 1 has lodged a false and fabricated F.I.R. against petitioner no. 2 that the minor daughter has been abducted by him. It is further contended that the name of Mahesh Chandra the brother-in-law of the petitioner no. 2 has also been shown in the F.I.R. against whom the charge- sheet has been submitted who surrendered before the court concerned and has been released on bail.
Per contra learned AGA contended that the allegations made against the petitioner no.2 & 3 cannot be aborted at this stage. There is complicity of the petitioner no.2 & 3 in the commission of the said crime. they are involved in the serious offence.
Regard being had to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out against the petitioner no.2 & 3 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 submissions made by the learned counsel for the petitioners and the learned A.G.A., it emerges out that no reliable proof regarding the age of the petitioner no.1 has been annexed with the petition, hence we direct her to appear before the Chief Judicial Magistrate concerned within two weeks from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no.1. Thereupon, the I.O. concerned 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 for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. The investigation officer shall provide her full protection.
It is further directed that the petitioner no.2 & 3 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 Israr