Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 16890 of 2019 Petitioner :- Smt. Gulista And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Prasad Shukla Counsel for Respondent :- G.A.,Pradeep Kumar Kashyap 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, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 3.6.2019 registered as Case Crime No. 408 of 2019 at P.S. Izzat Nagar, District Bareilly, U/s 366, 323, 504, 506 I.P.C.
The allegations in the impugned first information report is to the effect that the informant's daughter Smt. Gulista, aged about 18 years, has been enticed away by the accused and that she has left her house with jewellery and cash.
The victim and the accused have jointly prayed for quashing of the first information report by claiming that both of them are adults and they have voluntarily married each other.
On 18.6.2019, following order was passed:-
"Heard Sri Ashutosh Prasad Shukla, learned counsel for the petitioners, Sri Ratnendu Singh, learned AGA appearing on behalf of the State and Sri P.K. Kashyap, learned counsel for the respondent no.4.
The submission of learned counsel for the petitioners is that the first petitioner has married the second petitioner of her free will without any coercion or undue influence.
Learned counsel for the petitioners submits that the first petitioner is a major and her date of birth is 17.03.2001 according to her High School Certificate, a copy of which is annexed at page no.33 of the paper book. It is further stated that the first petitioner has married the second petitioner in accordance with Muslim Rites on 02.06.2019 and a copy of the Nikahnama is annexed at page no.37 of the paper book. The first petitioner, Smt. Gulista daughter of Nanhe is present before the Court who has been identified by Sri Ashutosh Prasad Shukla, learned counsel for the petitioners on the basis of papers produced in this case. She has stated before us that she has married the second petitioner of her free will and wants to stay with him and not her parents.
A prima facie case is made out. Admit.
Notice on behalf of respondent no.4 has been accepted by Sri P.K. Kashyap, Advocate. He is granted four weeks' time to file counter affidavit. Learned AGA may also file a counter affidavit within the same period of time.
List for orders on 07.07.2019.
Meanwhile, the police are restrained from arresting the petitioners pending investigation in Case Crime No.408 of 2019, under Sections- 366, 323, 504 IPC, P.S.- Izzat Nagar, District- Bareilly. However, the investigation will go on and the protection granted by this Court so far will not be available after a police report is filed in Court. At this stage, Smt. Gulista, petitioner no.1 has informed the Court that her father has arrived in Prayagraj alongwith a gang of 10-12 goondas in order to forcibly take her away and she has expressed serious apprehension of an honour killing.
The SSP, Prayagraj is ordered to ensure that the first and second petitioners reach the safety of their homes. The SSP, Bareilly is ordered to ensure the safety of the first and second petitioners and it shall be his responsibility to see that no violence or crime is done by the fourth respondent vis-a-vis the first and second petitioners or the second petitioner's family members. The fourth respondent, his relatives, friends and members of his close community are restrained from entering the petitioners home or contacting the first and second petitioners directly or through agency of friends or through electronic means of communications or in any other manner whatsoever.
Let a copy of this order be forwarded to SSP, Prayagraj and SSP, Bareilly by the Registrar General today by all urgent means of communication for strict compliance."
The order sheet does not indicates that any counter affidavit has been filed by the respondents.
In view of the above, we deem it appropriate to dispose off this petition by providing that the petitioner no. 2 Kaleem Khan shall produce the petitioner no. 1 Smt. Gulista (victim) before the Investigating Officer of the case by or before 17th 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, Bareilly for recording her statement under Section 164 Cr.P.C. On the basis of her statement and the material collected during investigation, police report under Section 173(2) Cr.P.C. shall be submitted. Subject to above, the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
It is made clear that the aforesaid direction will not operate if the police report under Section 173(2) Cr.P.c. has already been submitted.
With the aforesaid direction, the petition is disposed off. Order Date :- 27.11.2019 Saurabh