Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24305 of 2019 Petitioner :- Priyanka Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Singh Patel Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and the learned A.G.A. appearing on behalf of the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 22.09.2019, registered as Case Crime No. 256/2019, under Sections 363, 366 I.P.C., Police Station- Kotwali Chunar, District- Mirzapur.
Learned counsel for the petitioners has identified petitioner Nos. 1 & 2, namely, Smt. Priyanka Singh and Bittu Patel, who are present before this Court. It is submitted that petitioner No.
1 Smt. Priyanka Singh (wife) has voluntarily performed marriage with petitioner No.2 Bittu Patel (husband) without any coercion, duress or undue influence according to Hindu customs and rites. It is submitted that petitioner no.1 is living happy marital life with petitioner no.2. The respondent no.3 who is the father of the petitioner no.1 has lodged the F.I.R. with the vague and baseless allegations that she was enticed away forcibly from her parental house. Hence, the impugned F.I.R. on the basis of false allegations made in the first information report lodged by respondent No.3 Kunwar Singh, who is father of the petitioner no.1, is liable to be quashed.
Per contra, learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of petitioner No.2 in the commission of the said crime who is involved in the serious offence, hence do not deserve any indulgence.
Regard being had to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out against petitioner No.2 at this stage, hence, there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners and the learned A.G.A., we direct that the I.O. concerned shall record the statement of petitioner No. 1 (Smt. Priyanka Singh) under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection.
It is further directed that petitioner No. 2 Bittu Patel (husband) shall not be arrested in the aforesaid crime till the submission of the report under Section 173(2) Cr.P.C, subject to restraint that he shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 28.11.2019 Ashok Gupta