Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26027 of 2019 Petitioner :- Smt. Malti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ali Hasan,Ram Chandra Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and the learned A.G.A. appearing on behalf of the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 03.02.2019 in Case Crime No. 60 of 2019 under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station- Fatehabad, District- Agra.
It is submitted by learned counsel for the petitioners that the petitioner no. 1 has performed marriage with the petitioner no. 2, according to the Hindu rights and Customs on 02.03.2019. Thereafter by the wedlock petitioner no. 1 gave birth to a baby girl on 11.11.2019 and they are living happy marital life. Respondent no. 3 who is the brother of the petitioner no. 1 has lodged the F.I.R. with absolutely false and concocted allegations that petitioner no.2 has enticed away his sister. Hence, the impugned F.I.R. on the basis of false allegations, is liable to be quashed.
Per contra, learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of petitioner No.2 in the commission of the said crime. He is involved in the serious offence, hence does not deserve any indulgence.
Regard being had to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out against petitioner No.2 at this stage, hence, there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners and the learned A.G.A., we direct that the I.O. concerned shall record the statement of petitioner No. 1 under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection.
It is further directed that petitioner No. 2 shall not be arrested in the aforesaid crime till the submission of the report under Section 173(2) Cr.P.C, subject to restraint that he shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 19.12.2019 Israr