Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5514 of 2019 Petitioner :- Anuradha And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Kant Shukla Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and the learned A.G.A.
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 30.11.2018 registered as Case Crime No.517 of 2018, under Sections 363,366 IPC, P.S. Pipraich, District Gorakhpur.
Learned counsel for the petitioners has identified the petitioner nos.1 & 2, namely, Anuradha and Suraj Kumar, 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. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report lodged by the respondent no.3 who is the grand father of the petitioner no.1.
Per contra learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioner nos.2 to 4 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 nos.2 to 4 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 AGA,, it emerges out that petitioner no.1 is major, we direct that the investigating officer shall 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 investigating officer shall provide her full protection.
It is further directed that the petitioner nos.2 to 4 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 :- 28.2.2019 M. Tariq