Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3322 of 2021 Petitioner :- Pooja Sharma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Singh Pundir,Deepak Rana Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioners through video conferencing and perused the record. Learned A.G.A. could not connect inspite of providing link for hearing through video conferencing.
The present writ petition has been filed by the petitioners for quashing the F.I.R. dated 2.4.2021 registered as Case Crime No.
339 of 2021, under Sections 366 IPC, Police Station Vijay Nagar, District Ghaziabad with a further prayer not to arrest the petitioners in pursuance of the said F.I.R.
Learned counsel for the petitioners submits that at the time of alleged incident the victim (petitioner no. 1 Pooja Sharma) was major. In school record her date of birth has been shown as 21.9.2000 and in FIR her age has been shown 20 years. The petitioner no. 2 Akash Soam is also major. Petitioner no. 1 and petitioner no. 2 have solemnized their marriage and they had got registered their marriage on 10.3.2021 from Marriage Registration Office, District Ghaziabad. At present petitioner nos. 1 and 2 are living as husband and wife. Both petitioners are major, therefore, no offence is made out against them The matter requires consideration.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1, 2 and 3.
Issue notice to respondent no. 4.
Learned A.G.A. as well as respondent no. 4 may file counter affidavits within a period of 6 weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List on 22.7.2021. Till the next date of listing no coercive action shall be taken against the petitioners in the aforementioned case.
Petitioner no. 2 Akash Soam is directed to produce the victim Pooja Sharma (petitioner no. 1) before the I.O. within 20 days from today for recording her statement under section 161 Cr.P.C., thereafter, the I.O. shall produce the victim before the C.J.M. concerned for recording her statement under section 164 Cr.P.C. Thereafter, the investigation shall go on as per law.
In case the petitioner no. 2 does not produce the victim (petitioner no. 1 Pooja Sharma) before the I.O. within the abovementioned period, the petitioners shall not be entitled to get any benefit of this order.
Order Date :- 20.5.2021 Masarrat