Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1477 of 2019 Petitioner :- Smt. Khateeja Khatoon And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
At the outset, the learned counsel for the petitioners states that he may be permitted to make corrections in the array of parties to properly describe petitioner no.4 as Jahida Khatoon wife of Yar Mohammad (petitioner no.2) in place of Mother of the petitioner no.2 (Mother).
We permit the learned counsel for the petitioners to make necessary correction in the array of parties during the course of the day.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; Sri P.K. Tiwari for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 16.01.2019 registered as Case Crime No. 0015 of 2019 under Sections 363, 366 I.P.C., P.S. Dudhara, District Sant Kabir Nagar.
The first information report alleges that informant's daughter, namely, Khateeja Khatoon, aged about 17 years, has been enticed away by the accused persons.
Except the Aadhar Card of the victim, which discloses her date of birth as 01.01.2001, there is no other document to show the date of birth of the victim. Further, on what basis Aadhar Card entry was made is not disclosed.
Today, a supplementary-affidavit has been filed, which is jointly sworn by Khateeja Khatoon and Anisurrahman, stating that a notary affidavit has been filed by the mother (respondent no.4) of Khateeja Khatoon wherein she has stated that her daughter Khateeja Khatoon is adult and she is agreeable to marriage of Khateeja Khatoon with Anisurrahman (petitioner no.2). On the basis of this affidavit, quashing of the first information report has been sought.
Considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the Investigating Officer of the case concerned shall record the statement of the informant as well as the victim and shall submit report as per law.
Subject to petitioner's co-operation in the investigation, till submission of police report under Section 173(2) Cr.P.C., arrest of the petitioners in Case Crime No. 0015 of 2019, under Sections 363 and 366 I.P.C., P.S. Dudhara, District Sant Kabir Nagar shall remain stayed.
Order Date :- 22.1.2019 Sunil Kr Tiwari