Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24316 of 2019 Petitioner :- Jooli And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A. Hon'ble Naheed Ara Moonis,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners, learned counsel Shri B.D. Sharma, who has put in appearance on behalf of the respondent no.4 and the learned A.G.A. on behalf of the State.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 3.11.2019 registered as Case Crime No.330 of 2019, under Sections 366,120-B IPC, P.S. Bah, District Agra.
Learned counsel for the petitioners has identified the petitioner nos.1 & 2, namely, Jooli and Sanjeev @ Sanjeev Kumar who are present before this Court. It is submitted that the petitioner no.1 has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence according to Hindu Customs & Rites. It is further submitted that the petitioner no.2 has been roped in the present case only in order to cause sheer harassment. Both the petitioners are leading happy marital life. Hence the impugned F.I.R. on the basis of false allegations made in the first information report lodged by the respondent no.4 who is the father of the petitioner no.1 is liable to be quashed.
Per contra learned counsel for the respondent no.4 and the learned AGA contended that the allegations made against the petitioner no.2 cannot be aborted at this stage. There is complicity of the petitioner no.2 in the commission of the said crime. He is involved in the serious offence, hence does not deserve any indulgence.
From the perusal of the FIR, prima facie cognizable offence is made out against the petitioner no.2 at this stage hence there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submission made by the learned counsel for the petitioners and the learned AGA, we direct that the investigating officer shall move an application before the C.J.M. concerned within two weeks for recording the statement of petitioner no.1 under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection. The petitioner no.1 shall not be subjected to any harassment or embarrassment during the intervening period.
It is further directed that the petitioner no.2 shall not be arrested in the aforesaid crime till the submission of the report under Section 173(2) Cr.P.C, subject to restraint that he shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 28.11.2019/M. Tariq