Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3228 of 2021 Petitioner :- Nasima Khatoon And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishwa Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, or direction in the nature of certiorari to quashing the impugned First Information Report dated 23.03.2021 registered as Case Crime No.0238 of 2021, under Sections 363, 504 I.P.C., Police Station Kasya, district Kushi Nagar. Further prayer is that to issue a writ, order or direction in the nature of mandamus directing the respondents concern not to arrest the petitioners in pursuance of impugned First Information Report dated 23.03.2021 registered as Case Crime No.0238 of 2021, under Sections 363, 504 I.P.C. Police Station Kasya, district Kushi Nagar.
Prima-facie petitioner no.1, Smt. Nasima Khatoon is the named prosecutrix, who has come before this Court, who is alleged to have been taken away by petitioner no.2, Rijwan with the aid of the other petitioners. This FIR has been filed by her mother Alima Khatoon, respondent no.4.
It is stated that as per educational certificate, i.e. Mark Sheet of High School, the date of birth of the prosecutrix Smt.Nasima Khatoon is 01.01.2000 (Annexure-2). It is further submitted that petitioner no.1 Smt.Nasima Khatoon and petitioner no.2, Rijwan are major and they have performed Nikah, copy whereof has been annexed as anneuxre-4 to the writ petition.
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 23.03.2021 bearing Case Crime no.0238 of 2021, under Sections 363, 504 I.P.C., P.S. Kasya, district Kushi Nagar shall go on.
b). The statement of the prosecutrix Smt. Nasima Khatoon shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C. This exercise will be completed only after the lock down is lifted and the petitioner No.1 shall appear before the judicial officer and the complainant who is the father of petitioner No.1 will also be given a notice to be present before the concerned court.
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.2, 3, 4 and 5 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 :- 12.5.2021 R./