Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17694 of 2019 Petitioner :- Smt. Miswa Naaz And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.,Ravi Sahu
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and the learned A.G.A. on behalf of the State.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 1.6.2019 registered as Case Crime No. 0455 of 2019, under Section 363, 366 IPC, P.S. Kalyanpur, District Kanpur Nagar.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 and the petitioner no.2 have voluntarily performed marriage with each other with their own freewill and without any coercion, duress or undue influence according to their customs and rites and that they are living happily married life. According to High School certificate, the petitioner no.1- Miswa Naaz is major. It is submitted that the petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report lodged by the respondent no.3, who is the brother of the petitioner no.1.
Per contra, learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioners in the commission of the said crime. The petitioners are involved in the serious offence, hence do 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 the petitioners at this stage hence there is no ground for interfering in the FIR and, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submission made by the learned counsel for the petitioners and the learned AGA, we direct that the investigating officer shall move an application before the C.J.M. concerned for recording the statement of the petitioner no.1 under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection.
It is further directed that the 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 :- 28.6.2019 sfa/