Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24322 of 2019 Petitioner :- Priyanka And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivangi Singh,Gaurav Singh 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 18.09.2019, registered as Case Crime No. 285 of 2019, under Section 363 I.P.C., Police Station- Bhojpur, District- Moradabad.
Learned counsel for the petitioners has identified petitioner Nos. 1 & 2, namely, Smt. Priyanka and Sanjay, who are present before this Court. It is submitted that petitioner No.1 Smt. Priyanka has voluntarily performed marriage with petitioner No.2 Sanjay without any coercion, duress or undue influence according to Hindu customs and rites. Respondent No.4 Sri Ashok Kumar is the father of the petitioner no.1 who has lodged the F.I.R. with the vague and baseless allegations that the petitioner no.1 is minor and has been kidnapped by the petitioner no.2. Hence, the impugned F.I.R. on the basis of false allegations, is liable to be quashed.
Per contra, learned AGA contended that the allegations made against the petitioner cannot be aborted at this stage. There is complicity of petitioner No.2 in the commission of the said crime. He is involved in the serious offence, hence does 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., it emerges out that no reliable proof regarding the age of petitioner No.1 Smt. Priyanka has been annexed with the petition, hence we direct her to appear before the Chief Judicial Magistrate concerned within two weeks from today, who shall get her medical examination done within a week thereafter by the C.M.O. concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner No.1. Thereupon, the I.O. concerned shall record the statement of petitioner No.1 Smt. Priyanka 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 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 :- 29.11.2019 Ashok Gupta