Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3006 of 2021 Petitioner :- Smt. Poonam And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Jit Singh,Jagannath Prasad,Om Prakash Singh (Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
The learned counsel for petitioners could not be contacted either on phone or virtual link. We have heard the learned AGA and perused the record.
It appears from the perusal of this petition that the petitioner No. 1 who is said to have been allured by the petitioner No. 2 being a minor has conveyed that the entire family of petitioner No. 2 has been named as co-accused. However, factual position is that she has already married with petitioner No. 2, Deep Chandra @ Mulayam. It also appears that the petitioners have applied online for registration of their marriage, which is annexed as Annexure No. 6 to this writ petition. In the affidavits filed by the petitioners, which are annexed as Annexures - 2 and 3 it has been deposed by them that they are major.
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 her affidavit on non judicial stamp paper. At this juncture, instead of quashing the impugned First Information Report, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 22.03.2021 bearing Case Crime No. 0069 of 2021, under Sections 363, 366 IPC, Police Station - Utraon, District - Prayagraj shall go on.
b). The statement of the prosecutrix namely petitioner No. 1 shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C.
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 petitioners No. 2 to 5 shall neither be arrested nor coercively 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 :- 11.5.2021 LBY