Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21996 of 2019 Petitioner :- Fiza @ Munni And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Kumar Mishra Counsel for Respondent :- G.A.,Krishna Kumar Shukla
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Indra Kumar Mishra learned counsel for the petitioners, Sri K.K. Shukla, learned counsel for the informant and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 1.9.2019 in case crime No. 0320 of 2019 under Sections 363, 366, 342, 506 IPC, P.S. Devarania, District Bareilly.
It is submitted by learned counsel for the petitioners that as per the personal law applicable to petitioner no.1 (victim), competency to contract a marriage arises on attaining puberty, petitioner nos. 1 and 2 claim themselves to be lawfully married couple, the FIR itself alleges petitioner No. 1 as 16 yeas which also could be probablized to 18 years, petitioner nos. 3 to 5 are relatives of petitioner no.2, no offences are made out, FIR be quashed.
Learned A.G.A and learned counsel for the informant opposed the submission.
This petition is disposed of with the direction 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, 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 for recording her statement under section 164 Cr.P.C. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is of the age of puberty, 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 S.P. concerned to provide security for the above mentioned purpose, same shall be provided to them.
The issue of custody of the victim, if she is a minor be also decided by the CJM in accordance with law.
However, in the event of the default on the part of petitioner, this order shall automatically cease to have any effect without further reference to the Court.
Order Date :- 26.9.2019 AS