Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3165 of 2021 Petitioner :- Ilma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
By means of present petition, petitioners have challenged the impugned FIR dated 3.3.2021 registered as Case Crime No.105 of 2021, under Sections 366 and 506 IPC, Police Station Soron, District Kasganj.
In the FIR dated 3.3.2021, it is alleged that Ilma has been abducted and the offence under Sections 366 and 506 IPC has been committed. The victim- Ilma who is 19 years of age has joined the accused for quashment of FIR lodged by her relatives.
Prima facie, it appears that petitioner nos. 1 and 2 have entered into wedlock. This Court feels that the police authorities will investigate the matter and will get recorded the statement of the alleged victim by a magistrate under Section 164 Cr.P.C. and after getting the statement of the alleged victim recorded will act as per law and if the investigating authority feels that it is necessary to ascertain the age of the alleged victim then she may be medically examined. Police shall complete the investigation in just manner.
This exercise may be undertaken after the pandemic is eased or certain relaxation is provided in the pandemic.
The petitioners shall appear before the police authorities within one month, if there is no Covid related curfew.
The accused who has entered into the wedlock with the victim and has prima facie proved the case in view of the latest decision of the Apex Court, may not be coercively with till then.
With these observations, this petition stands disposed of without notice to the respondent no.4.
Order Date :- 12.5.2021/Mukesh