Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2964 of 2021 Petitioner :- Smt. Khushboo Vishwakarma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailendra Singh Counsel for Respondent :- G.A.,Vijay Bahadur Maurya
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A.
Sri Vijay Bahadur Maurya, learned counsel for the caveator has absented.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 10.02.2021 lodged in Case Crime No.29 of 2021, under Sections 363, 366 I.P.C., Police Station Charwa, district Kaushambi. Further prayer is that a direction be issued to the respondents not to arrest the petitioners in pursuant to the aforesaid FIR and also not to take any coercive action against the petitioners in pursuance of the same.
We have perused the writ petition ourselves.
Prima-facie petitioner no.1, Smt. Khushboo Vishvakarma is the named prosecutrix, who has come before this Court, who is alleged to have been taken away by petitioner no.2, Saish Kumar. This FIR has been filed by the respondent no.3.
Looking to the factual data produced before us, we pass order after hearing learned counsel for the State as there is a certificate of registration of marriage, which prima-facie proves that the victim had been of marriageable age at the time of lodgement of the first information report.
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 10.02.2021 bearing Case Crime no.29 of 2021, under Section 363, 366 I.P.C., P.S. Charwa, district Kaushambi shall go on.
b). The statement of the prosecutrix Smt. Khushboo Vishvakarma 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 for ascertaining her age, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioner nos.1 and 2 shall neither be arrested nor coerecively dealt with till the investigation is over. The police authorities shall also play a proactive role in seeing social dispute is resolved and parents and child (girl) reconcile.
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 :- 10.5.2021 R./