Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15370 of 2019 Petitioner :- Ikra @ Jyoti And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Amit Rana Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Supplementary affidavit annexing affidavit of both the parties filed today is taken on record.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Contention of the learned counsel for the petitioners is that victim herself is petitioner no.1 and accused is petitioner no.2. Further contention is that both are adult and they have solemnized of their own free will without any fear, threat or coercion. Contention is that as the parents were annoyed with the marriage, the present FIR has been lodged. The victim is aged about 19 years and 3 months and her date of birth is 1.3.2000. However, no age proof has been annexed with the writ petition.
Since the Court has been informed that the girl is present before this Court, the Court by way of abundant caution proceeds to examine her:
Accordingly, the Court has examined the victim who has made statement before this Court that her name is Ikra @ Jyoti, daughter of Sri Khalid Hussain. On being asked as to what is her age, she has informed the Court that her date of birth is 1.3.2000, however there is no age proof on record. She has further informed the Court that she has solemnized marriage with Monu (petitioner no.2) of her own sweet will without any fear, threat or coercion.
In view of the aforesaid facts and circumstances, a case for grant of indulgence has been made out.
Admit.
Learned AGA has accepted notice on behalf of respondent nos.1,2 and 3.
Issue notice to respondent no.4. Steps be taken within a week.
All the respondents are granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within three weeks thereafter.
List thereafter.
Till further orders, the petitioners will not be arrested nor any coercive action whatsoever shall be taken against them in pursuance of the FIR registered as Case Crime No. 0103 of 2019 u/s 363 IPC PS Sambhal District Sambhal.
In the meantime, liberty is given to the petitioners that in case if they are so advised, they may get the girl medically examined by a team of doctors headed by the Chief Medical Officer concerned and two other doctors, one of which would be a lady doctor as well as the radiologist with regard to the age verification only. If medical examination of the girl is done, the report of the CMO concerned along with the opinion of Radiologist be produced before this Court on the next date of listing.
Order Date :- 30.5.2019 SP