Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1640 of 2019 Petitioner :- Nagma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nasir Hussain,Akhilesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Sri Gayyoor Ali, learned counsel has put in appearance on behalf of the complainant and has filed memo of appearance which is taken on record.
Heard learned counsel for the petitioners, learned counsel for the complainant and the learned A.G.A.
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 16.1.2019 registered as Case Crime No. 25 of 2019, under Sections 363, 366 IPC, P.S. Chilkana, District- Saharnpur.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 is major. She was infatuated with petitioner no.2 and performed her marriage out of free volition according to Muslim Customs & Rites. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report. The petitioner no.1 has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence.
Per contra learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. The petitioner no. 1 is minor. There is complicity of the petitioners in the commission of the said crime. The petitioners are involved in the serious offence .
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 the petitioners 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 submission made by the learned counsel for the petitioners and the learned AGA, it emerges out that petitioner no. 1 is major, we direct that the investigating officer shall 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 :- 22.1.2019 Vandana