Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3011 of 2021 Petitioner :- Kuldeep And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Saxena,Rajesh Kumar 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 FIR dated 14.2.2021 registered as Case Crime no. 44 of 2021, under Sections 366, 323 and 506 I.P.C., P.S. Bharthana, district-Etawah. Further prayer is that a direction be issued to the respondents not to arrest the petitioners pursuant to the FIR dated 14.2.2021.
As per the allegations made in the first information report, the informant's daughter aged about 18 years was enticed away by the petitioner no. 1, Kuldeep with the aid of petitioner no. 2, Gurudeep and hence the first information report was lodged.
It is stated that as per Adhar card the date of birth of the prosecutrix Shilpi is 1.1.2002. The prosecutrix Shilpi had left her parental home on her own accord and gone with the petitioner no. 1, Kuldeep. Further submission is that the prosecutrix and the petitioner no. 1 Kuldeep are major and they have solemnized marriage on her own accord in Arya Samaj Mandir on 8.2.2021 and had got their marriage registered on the same day, the copy of the marriage certificate has been brought on record as Annexure no. 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 prosecutrix 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 14.2.2021 bearing Case Crime no. 44 of 2021, under Sections 366, 323 and 506 I.P.C., P.S. Bharthana, district- Etawah shall go on.
b). The statement of the prosecutrix Shilpi 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 prosecutrix shall appear before the judicial officer and the complainant who is the father of prosecutrix will also be given a notice to be present before the concerned court.
c). If the investigating authority is satisfied that the prosecutrix Shilpi 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. 1, Kuleep and petitioner no. 2, Gurudeep 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 :- 13.5.2021 Faridul