Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37348 of 2018 Petitioner :- Smt. Meena Alias Neelam And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
This is the Second Writ Petition as the first was dismissed on 12.12.2018 with liberty to file afresh.
Heard Sri Mukesh Kumar Pandey, Advocate holding brief of Sri Ashwani Kumar Pandey, learned cousnel for the petitioner and Sri A.N. Mulla, learned AGA appearing on behalf of State.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.06.2018 in Case Crime No.412 of 2018, under Sections 366 IPC, P.S. Sirsaganj, District-Firozabad.
It is submitted that the petitioners no. 1 and 2 are the wife and husband, 3, 4 and 5 are the brothers and sister of petitioner no.2. It is further submitted that the couple contracted a marriage out of their own volition as per the allegations made in the FIR, petitioner no.1 is alleged to be 19 years.
From the perusal of the FIR, it appears that on the basis of allegations made therein, prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by learned counsel for the petitioners, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for recording her statement under section 164 Cr.P.C, the learned Magistrate concerned shall record her statement, as expeditiously as possible, in accordance with law. The petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation.
In case the victim supports the prosecution version, it shall be open to the police authority to arrest the petitioners. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 19.12.2018 Neeraj