Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 17202 of 2019 Petitioner :- Deepak Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1 and 2; and peruse the record.
The instant petition seeks quashing of the first information report dated 21.4.2019 registered as Case Crime No 838 of 2019 at P.S. Kavi Nagar, District Ghaziabad, U/s 363, 366, 120-B, 506 I.P.C.
The allegations in the impugned first information report, which has been lodged by the respondent no. 3, is that the informant's daughter Tia (petitioner no. 2), who is aged about 17 years, has been enticed away by the accused persons.
The accused Deepak Kumar and two others along with Tia (victim) have jointly filed this petition by claiming that they are adults and they have voluntarily entered into a relationship with each other and therefore the first information report is liable to be quashed.
On 21.6.2019, following order was passed:-
"Heard Sri Vikash Chandra Tiwari, learned counsel for the petitioners and Sri Deepak Mishra, learned AGA appearing on behalf of the State.
This petition has been filed challenging the FIR dated 21.04.2019 giving rise to Case Crime No. 838 of 2019 under Sections 363, 366, 120B, 506 I.P.C., P.S. Kavi Nagar, District Ghaziabad.
The submission of learned counsel for the petitioners is that the second petitioner Smt. Tia has married the first petitioner Deepak Kumar son of Gangabal of her free will on 22.04.2019 at the Arya Samaj Manav Kaylan Trust, Akbarpur, Bahrampur, Ghaziabad. We have been taken through the marriage certificate. The said marriage has also been got registered by the parties before the Registrar at Ghaziabad in accordance with the U.P. Marriage Registration Rule 2017. A copy of the said certificate is annexed also to the record. It is submitted that going by her High School Certificate petitioner no.2 Smt. Tia is a major as a date of birth is 16.09.2000 which makes her an all of eighteen years.
This petition is supported by an affidavit of Deepak Kumar petitioner no.1 who has been identified by counsel Sri Vikash Chandra Tiwari on the basis of papers produced in the case in his chambers. Sri Deepak Kumar who is present in the Court has identified Smt. Tia who is also present in Court. We have proceeded to ascertain from her, her stand about the allegations in the F.I.R.
आपका नाम क्या है ?
टीआ आपके पिपताजी का क्या नाम है ?
गजेन्द्र सिं3ह आपने शादी की ह?ै जी हां आपने पिक33े शादी की ह?ै दीपक कु मार 3े आप पिक3के 3ाथ जाना चाहती है? अपने पतित के 3ाथ She has stated before us that she has married the first petitioner Deepak Kumar of her free will and without any coercion or undue influence and further stated that she has not been enticed away by the first petitioner, and that, she wants to stay with her husband-first petitioner, Sri Deepak Kumar.
Prima facie case is made out.
Issue notice to respondent no. 4 returnable on 13.08.2019. Steps be taken within a week.
List for orders on 13.08.2019.
Meanwhile, pending investigation the police are ordered not to arrest the petitioners in Case Crime No. 838 of 2019 under Sections 363, 366, 120B, 506 I.P.C., P.S. Kavi Nagar, District Ghaziabad. However investigation will go on and the protection granted by this order will not be available once a report under Section 173(2) Cr.P.C. is filed."
Pursuant to the above order, notice was issued to the respondent no. 3 fixing 13.8.2019.
The office has submitted a report that neither acknowledgement nor undelivered cover of the notice issued to the respondent no. 3 has been received back.
Considering the nature of the order that we propose to pass, we do not consider it necessary to await service of notice upon respondent no. 3.
In view of the above, we deem it appropriate to dispose off this petition by providing that the petitioner no. 1 (Deepak Kumar) shall produce the petitioner no. 2 (Tia) before the Investigating Officer of the case by or before 20th December, 2019. Upon production of the victim before the Investigating Officer, the statement of the victim shall be recorded under Section 161 Cr.P.C. Thereafter, the victim shall be produced before the Chief Judicial Magistrate, Ghaziabad for recording her statement under Section 164 Cr.P.C. On the basis of her statement and the material collected during investigation, police report shall be submitted. Subject to above, till submission of police report under Section 173(2) Cr.P.C., the petitioners no. 1, 3 and 4 shall not be arrested in the aforesaid case.
With the aforesaid direction, the petition is disposed off.
Order Date :- 28.11.2019 Saurabh