Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11180 of 2019 Petitioner :- Smt. Bhumi Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kant Mishra Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Sri Ankit Kapoor, Advocate filed Vakalatnama on behalf of respondent no.4 in Court today, is taken on record.
Heard Sri Vinod Kant Mishra, learned counsel for the petitioners, Sri Ankit Kapoor, learned counsel for the respondent no.4 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 12.04.2019, registered as Case Crime No. 118 of 2019, under Sections 363, 366, 342, 504 and 506 I.P.C., Police Station-Mirzamurad, District-Varanasi.
Learned counsel for the petitioners has identified the petitioner nos. 1 and 2, who are present before this Court. It is submitted that the petitioner no.1 Smt. Bhumi Singh has voluntarily performed marriage with the petitioner no.2 Ajay Kumar 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.4 Yogesh Singh who is the father of the petitioner no.1 that petitioner nos. 2, 3 and 4 had forcibly abducted and enticed away his daughter from his parental house. The petitioner nos. 3 and 4 are the brother of the petitioner no.2.
Per contra learned A.G.A. contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioner nos. 2, 3 and 4 in the commission of the said crime. The petitioners 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, 3 and 4 at this stage hence there is no ground for interfering in the F.I.R., 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 thatpetitioner no. 1 is major. High School Mark-sheet regarding her age has been annexed as annexure no.2. Therefore, the I.O. concerned shall record her statement 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 investigating officer shall provide her full protection.
It is further directed that the petitioner nos. 2, 3 and 4 Ajay Kumar, Sumit Pandey and Vijay Pandey 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 he shall cooperate with the investigation.
With the above direction, this writ petition is finally disposed of.
Order Date :- 26.4.2019 Rahul.