Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3232 of 2021 Petitioner :- Jyoti Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, or direction in the nature of certiorari to quash the impugned First Information Report dated 07.12.2020 registered as Case Crime No.288 of 2020, under Section 366 I.P.C., Police Station Muskara, district Hamirpur. Further prayer is that to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of the first information report dated 07.12.2020 in Case Crime No.288 of 2020, under Section 366 I.P.C., Police Station Muskara, district Hamirpur.
Prima-facie petitioner no.1, Smt.Jyoti Tiwari is the named prosecutrix, who has come before this Court, who is alleged to have been taken away by petitioner no.2, Vishal Rana. This FIR has been filed by her mother Pushpa, respondent no.3.
It is stated that as per educational certificate, i.e. Secondary School Examination, the date of birth of the prosecutrix Smt.Jyoti Tiwari is 16.06.2002 (Annexure-2). It is further submitted that petitioner no.1 Smt.Jyoti Tiwari and petitioner no.2, Vishal Rana are major and they have solemnized marriage voluntarily in a Arya Samaj Mandir, Town Hall (Reg.), Shahjananpur on 02.12.2020, copy whereof has been annexed as annexure-3 to the writ petition.
Having perused the documentary evidence available on record of this case, prima facie, the petitioner no.1 appears to be not a minor and has entered into wedlock with the petitioner no. 2, which is affirmed by registered marriage certificate. At this juncture, instead of quashing the impugned FIR, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 07.12.2020 bearing Case Crime no.288 of 2020, under Section 366 I.P.C., P.S. Muskara, district Hamirpur shall go on.
b). The statement of the prosecutrix Smt. Jyoti Tiwari shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C. This exercise will be completed only after the lock down is lifted and the petitioner No.1 shall appear before the judicial officer and the complainant who is the father of petitioner No.1 will also be given a notice to be present before the concerned court.
c). If the investigating authority is satisfied that the prosecutrix namely petitioner no.1 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioner no. 2 shall neither be arrested nor coerecively dealt with till the investigation is over.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition stands finally disposed of.
Order Date :- 12.5.2021 R./