Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11440 of 2019 Petitioner :- Smt. Mohani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners and the learned A.G.A. for 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 18.01.2019 lodged by respondent no. 3 registered as Case Crime No. 40 of 2019, under Sections 363, 366 I.P.C., Police Station - Phase-2, District- Gautam Budh Nagar.
Learned counsel for the petitioners has identified the petitioner no. 1 Smt. Mohani and petitioner no. 2 Ravi Kant, who are present before this Court. It is submitted that the petitioner no.1 has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence according to Hindu Customs & Rites. Both the petitioner no. 1 and 2 are major and living happy marital life yet they 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 mother of petitioner no. 1.
Per contra learned AGA and learned counsel for complainant contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioner no. 2 in the commission of the said crime who is involved in the serious offence in enticing away the daughter of the respondent no. 3.
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 petitioner no. 2 at this stage hence there is no ground for interfering in the FIR. 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., it emerges out that there is no reliable proof regarding the age of petitioner no. 1 hence we direct her to appear before the Chief Judicial Magistrate concerned within two weeks from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no. 1. Thereupon, the I.O. concerned shall record her statement 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 investigation 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 :- 30.4.2019 Sharad/-