Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3602 of 2021 Petitioner :- Smt. Jyoti And Another Respondent :- State of U.P.
Counsel for Petitioner :- Narendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
The learned counsel for petitioners could not be contacted either on phone or virtual link. We have heard the learned AGA and perused the record.
This writ petition has been filed by the petitioners with a prayer to issue a writ order, order or direction in the nature of certiorari to quash the impugned FIR dated 14.4.2021 registered as Case Crime no.123 of 2021, under Section 363 I.P.C., P.S.Mohamdabad, District Farrukhabad. Further prayer is that a direction be issued to the respondents not to arrest the petitioner no.2 in pursuant to the aforesaid FIR as well as direct the respondent no.2 to grant protection to the petitioners against the respondent no.3 and his companions in the peaceful matrimonial life of the petitioners and not to harass them.
Prima-facie petitioner no. 1, Smt. Jyoti is the named prosecutrix, who has come before this Court, who is alleged to have been taken away by petitioner no.2, Kamlesh. This FIR has been filed by her father respondent no.3.
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 her affidavit on non judicial stamp paper. At this juncture, instead of quashing the impugned First Information Report, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 14.4.2021 registered as Case Crime no.123 of 2021, under Section 363 I.P.C., P.S.Mohamdabad, District Farrukhabad shall go on.
b). The statement of the prosecutrix namely petitioner No. 1 shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C.
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 petitioners No. 2 shall neither be arrested nor coercively 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 :- 13.5.2021 DKS Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.13 16:57:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.13 16:59:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad