Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22170 of 2019 Petitioner :- Astha And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arunkumar Mishra,Rajesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Arun Kumar Mishra, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 4.7.2018 registered as Case Crime No.272 of 2018 under sections 363,366,506 I.P.C, P.S. Chauri Chaura District Gorakhpur.
The contention of the learned counsel for the petitioners is that petitioner no.1 is an adult as per Voter ID her date of birth is 10.7.1999, she voluntarily solemnized marriage with petitioner no.2 (Sanny) on 27.6.2019, petitioner nos.3 to 5 are family members of petitioner no.2, no offence is made out, FIR be quashed.
Learned AGA has opposed the submission.
Voter ID is not a valid proof of age, therefore the age of the victim cannot be decided as per date of birth mentioned therein and on the basis of allegations made in the FIR, prima facie cognizable offence is made out, there is no scope of interfering in the FIR, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the CJM concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer-in-charge of the police station concerned. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 30.9.2019 RS