Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15316 of 2019 Petitioner :- Jyoti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ken Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Ken Singh, learned counsel for the petitioners Sri Balram Singh, learned counsel for the complainant and Sri Mohd. Nadeem, learned A.G.A. appearing for the State.
This petition has been filed by the petitioners with a prayer to quash the FIR of case crime no.269 of 2019, under Section 363/366 IPC, P.S. Rasulpur, District Firozabad.
The contention of the counsel for the petitioner is that the victim herself is the petitioner no.1 and the accused is petitioner no.2; that there is a joint affidavit filed in support of the writ petition, which has been filed seeking quashing of the impugned FIR dated 25.05.2019; that the petitioner nos. 1 and 2 both are being adult and have solemnized their marriage of their own free without any fear threat or coercion, and thus no offence is made out against them, however, there is no age proof is on record.
Sri Balram Singh, learned counsel for the complaint has informed the Court that as per the FIR the girl is aged about 16 years and thus she is minor.
From the perusal of the FIR as well other documents annexed with writ petitioner it appears that on the basis of allegation made therein the prima facie cognizance offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the girl shall be produced before the court concerned, it is directed that in case the alleged girl appears/produced before the court of learned C.J.M. concerned within 30 days from today and moves an application for her medical examination, recording her statement under section 161 Cr.P.C. and 164 Cr.P.C, the learned Magistrate concerned shall fix a date for the same purpose, on that date the first informant & officer in charge of the police station concerned shall be summoned, she shall be produced before C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 164 Cr.P.C. the same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners, in default of it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall co- operate with the investigation. In case the alleged girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioners. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the alleged girl shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 30.5.2019/VKG