Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16088 of 2019 Petitioner :- Smt. Jayanti Raikwar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jaysingh Yadav Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Jaysingh Yadav, learned counsel for the petitioner, Sri Vimal Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 18.04.2018, registered as Case Crime No. 72 of 2018, under Section 363 I.P.C., Police Station Narahat, District Lalitpur.
Learned counsel for the petitioners has submitted that the petitioner no. 1 is major who has married with accused petitioner no. 2 and regarding that both of them have filed a joint affidavit stating therein that they have married to each other on their own free will. It has further been submitted that the age of petitioner no. 1 is 19 years and in support he has filed Aadhar Card of the petitioner no. 1, which is annexed as Annexure No. 2 to the writ petition. Respondent no. 4 has lodged a false first information report against the petitioners, hence, the same is liable to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing of the first information report.
Since, petitioner no. 1 has stated that she has married with petitioner no. 2 on her own free will but the age of petitioner no. 1 is disputed. In the first information report the age of petitioner no. 1 has been mentioned as 15 years while according to Aadhar Care, photocopy of which is on record, her date of birth is 01.01.2000.
However, considering the aforesaid facts and circumstances, we direct petitioner no. 1 to appear before Chief Judicial Magistrate, Lalitpur within 20 days from today and when she appears before the Chief Judicial Magistrate, Lalitpur, he will ensure that the statement of the victim petitioner no. 1, Smt. Jayanti Raikwar shall be recorded under Section 164 Cr.P.C. He will further ensure that Chief Medical Officer shall constitute a board for determining the age of the victim-Petitioner No. 1, Smt. Jayanti Raikwar before which the victim shall appear on the date fixed for her age determination through medical examination. In the said medical examination, if the victim is found that she is major and she does not support the prosecution case in her statement recorded under Section 164 Cr.P.C., the accused-petitioner no. 2 shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. On the other hand, if the victim- petitioner no. 1 is found to be minor in the said medical examination as well as if she supports the prosecution version, the police will be at liberty to proceed in accordance with law against the accused persons.
With the above observations and directions, the writ petition is finally disposed of.
The petitioners are directed to produce the certified copy of this order before the Chief Judicial Magistrate, Lalitpur within seven days.
Order Date :- 10.6.2019 sailesh