Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21098 of 2019 Petitioner :- Pooja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.,Surendra Kumar Tripathi Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sanjay Singh, learned counsel for the petitioners, Sri Surendra Kumar Tripathi, learned counsel for the informant and Sri A.K. Sand, the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 21.8.2019, registered as Case Crime No.0286/2019, under Sections 363/366 IPC, P.S. Khandauli, Agra.
It is submitted by learned counsel for the petitioners that this is a joint petition on behalf of the petitioners, who claim themselves to be the married couple, but the contention is that on an earlier occasion, an FIR came to be lodged by the informant against the petitioners as Case Crime No.0316/2018, under Sections 363/366 IPC, P.S. Khandauyli, Agra in which petitioner no.1 (victim), on medical examination, was found to be aged about 17 years as on the date of occurrence, i.e., 14.6.2018, victim was handed over to the custody of her parents, but again the victim eloped with petitioner no.2, the instant 2nd FIR is malafidely motivated, same is liable to be quashed.
Learned counsel for the informant and the learned A.G.A opposed the submission on the ground that the date of birth of the victim, as per High School Certificate, is 15.8.2003, i.e., she is about about 15 years.
From the perusal of the FIR, it appears that on the basis of allegation made therein, prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the CJM concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer-in-charge of the police station concerned. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 27.9.2019 Chandra