Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2320 of 2019 Petitioner :- Nishi Bajpai And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Arjit Srivastava,Vinod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 26.11.2018, registered as Case Crime No. 970 of 2018, under Sections 363, 366, 376 IPC, P.S. Barra, District Kanpur Nagar.
Allegation in the FIR is to the effect that the accused had forcibly enticed away the informant's younger sister Nishi, aged about 17 years, while she had gone from home to fetch medicines near Priya Hospital.
The prayer to quash the FIR has been made by placing reliance on Highschool Certificate entry disclosing the date of birth of the victim as 16.6.2001. It has been stated that since on the date of the incident the victim, as per recorded date of birth, is about 17-1/2 years old but in fact is an adult, the FIR is liable to quashed because she is in a relationship with the petitioner no. 2 voluntarily.
It has been settled by number of decisions of Apex Court that for determination of the age of a child victim the same yardstick is to be adopted, which is for a juvenile in conflict with law. (See: Mahadeo v. State of Maharashtra, (2013) 14 SCC 637; Jarnail Singh v. State of Haryana, (2013) 7 SCC 263; State of Madhya Pradesh v. Anoop Singh, (2015) 7 SCC 773).
As the entry of date of birth in the High School certificate discloses that the victim is a minor, a prima facie case has been made out against the accused persons and, therefore, the FIR cannot be quashed.
The writ petition is dismissed.
Order Date :- 29.1.2019 RavindraKSingh