Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24330 of 2019 Petitioner :- Gita And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Buddha Prakash Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and also learned A.G.A. appearing 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 FIR dated 4.11.2019 registered as Case Crime No. 0071 of 2019, under Sections 363, 366, 504 and 506 IPC, P.S. Jamalpur, district Mirzapur.
It is submitted by the learned counsel for the petitioners that the petitioner no. 1 has performed marriage with the petitioner no. 2 out of her own free volition and they are leading happy marital life. The petitioner no. 1 is major. Out of the wedlock the petitioner has also carrying foetus of eight months. With absolutely vague allegations the respondent no. 4 who is the father of the petitioner no. 1 has lodged the first information report against the petitioner nos. 2 to 6 that his minor daughter was enticed away from her parental house. The entire prosecution story is the outcome of personal grudge of the respondent no.4 to interfere in the peaceful marital life of the petitioner nos.1 & 2.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner nos. 2 to 6, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, we direct that the I.O. concerned shall record the statement of the petitioner no. 1 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. It is further directed that the petitioner nos. 2 to 6 shall not be arrested in case Crime No. 0071 of 2019, under Sections 363, 366, 504 and 506 IPC, police station Jamalpur, district Mirzapur till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation. The Investigating Officer shall ensure proper security to the wife-petitioner no. 1 for the compliance of the order With the above direction, this petition is finally disposed of.
Order Date :- 28.11.2019 Shahnawaz