Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26004 of 2019 Petitioner :- Rakesh Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra Tiwari 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. on behalf of the State.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 16.11.2019 registered as Case Crime No.615 of 2019, under Sections 363,366 IPC, P.S. Malpura, District Agra.
Learned counsel for the petitioners has identified the petitioner nos.1 & 2, namely, Rakesh Kumar and Smt. Seeta, who are present before this Court. It is submitted that the petitioner no.2 is major as her date of birth has been shown in the High School Mark Sheet as 20.5.2001. She has voluntarily performed marriage with the petitioner no.1 without any coercion, duress or undue influence according to Hindu Customs & Rites. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report lodged by the respondent no. 3 who is the father of the petitioner no.1. Both the petitioners are leading happy marital life, as such the petitioner nos.1& 3 have not committed any offence. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made against the petitioner nos.1 & 3 cannot be aborted at this stage. There is complicity of the petitioner nos.1 & 3 in the commission of the said crime. They are involved in the serious offence, hence do not deserve any indulgence.
From the perusal of the F.I.R., prima facie cognizable offence is made out against the petitioner nos.1 & 3 at this stage, hence there is no ground for interfering in the F.I.R., therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submission made by the learned counsel for the petitioners and the learned A.G.A., we direct that the investigating officer shall record the statement of petitioner no.2 Smt.Seeta under Section 161 Cr.P.C. and also move an application before the C.J.M. concerned within two weeks for recording the statement of petitioner no.2 under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection. The petitioner no.2 shall not be subjected to any harassment or embarrassment during the intervening period.
It is further directed that the petitioner nos.1 & 3 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 they shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 19.12.2019 M. Tariq