Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2960 of 2021 Petitioner :- Mohini And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
This writ petition has been filed by the petitioners with a prayer to issue a writ order, order or direction in the nature of certiorari to quash the impugned FIR dated 18.03.2021 registered as Case Crime no.0025 of 2021, under Section 366 I.P.C., P.S. Khairgarh, district Firozabad. Further prayer is that a direction be issued to the respondents not to arrest the petitioner no.2 in pursuant to the aforesaid FIR as well as direct the respondent no.2 to grant protection to the petitioners against the respondent no.4 and his companions in the peaceful matrimonial life of the petitioners and not to harass them.
We have perused the writ petition ourselves.
Prima-facie petitioner no. 1, Smt.Mohini is the named prosecutrix, who has come before this Court, who is alleged to have been taken away by petitioner no.2, Sachin @ Tarun Mishra. This FIR has been filed by her father respondent no.4, Ambrish @ Amrish Kumar.
Looking to the factual data produced before us, we pass ex-parte order after hearing learned counsel for the State as there is a certificate of registration of marriage, which prima-facie prove that the prosecutrix had been of marriageable age.
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 the petitioner no. 2, 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 18.03.2021 bearing Case Crime no.25 of 2021, under Section 366 I.P.C., P.S. Khairgarh, district Firozabad shall go on.
b). The statement of the prosecutrix Smt.Mohini shall be recorded by a judicial officer which would be trated as a statement under Section 164 Cr.P.C.
c). If the investigating authority is satisfied that the prosecutrix namely petitioner no. 1 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioner nos.1 and 2 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 :- 10.5.2021 R./