Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24334 of 2019 Petitioner :- Jyoti Raghav And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners, the learned A.G.A. and perused the record.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 17.11.2019 registered as Case Crime No. 0443 of 2019, under Section 366 IPC, P.S. Jawan, district Aligarh.
It is submitted by the learned counsel for the petitioners 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. The petitioner no. 1 is aged about 19 years. The respondent no. 4 who is the father of the petitioner no. 1 has lodged the first information report against the petitioner nos. 2 to 9 with the false allegation that his daughter was enticed away forcibly from her parental house. Both the petitioners are present. It is submitted by the learned counsel for the petitioners that the allegation made in the first information report is false and concocted. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report lodged by the respondent no. 4.
Per contra learned AGA contended that the allegations made against the petitioner nos.2 to 9 cannot be aborted at this stage. There is complicity of the petitioner nos. 2 to 9 in the commission of the said crime who are involved in the serious offence, hence their role cannot be distinguished at this stage.
Regard being had to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out against the petitioner nos. 2 to 9 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 submissions made by the learned counsel for the petitioners and the learned A.G.A., it emerges out that no reliable proof regarding the age of the petitioner no. 1 has been annexed with the petition, hence we direct her to appear before the Chief Judicial Magistrate concerned within two weeks from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no.1. Thereupon, the I.O. concerned shall record the statement of petitioner no. 1 under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection and shall not be harassed in any manner.
It is further directed that the petitioner nos. 2 to 9 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 they shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 28.11.2019 Shahnawaz