Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2677 of 2021 Petitioner :- Hariom @ Hariom Kumar And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- G.A.,Brijesh Kumar Pandey
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
This petition is also preferred by the prosecutrix (alleged victim), who is said to have been allured by the petitioner No. 1.
The factual data as of today is that the petitioner No. 2 (prosecutrix) is not a minor, as she has made assertion on oath and has filed the xerox copies of certain documents. It is also averred that the petitioner No. 2 has solemnized marriage with petitioner No. 1.
There is one aspect which requires to be mentioned is that prima facie the petitioner No. 1 and petitioner No. 2 have got their marriage registered and the marriage registration certificate is is annexed with the petition as Annexure No. 3, which shows prima facie proof of age of the prosecutrix namely petitioner No. 2 who has filed her affidavit before this Court.
To see that the hardship is not caused to the couple, who wants to settle down in their life, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 11.02.2021 bearing Case Crime No. 0098 of 20221, under Sections 363, 366 IPC, Police Station - Etmadduala, District - Agra shall go on.
b). The statement of the prosecutrix namely petitioner No. 2 shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C.
c). If the Investigating Authority is satisfied that the prosecutrix namely petitioner No. 2 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioners No. 1 shall not be arrested or coercively dealt with till the investigation is over.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition is finally disposed of.
Order Date :- 7.5.2021 LBY