Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3125 of 2021 Petitioner :- Raman Shukla And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Praveen Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
By means of present petition, petitioners have prayed for quashing the impugned F.I.R. dated 10.3.2021 lodged by respondent no.4 in Case Crime No. 0150 of 2021 under Section 366 I.P.C., Police Station Puwayan, District Shahjahanpur.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the records.
Respondent no.5 is said to be major. Prima facie, it appears that petitioner no.1 and respondent no. 5 have entered into wedlock. This Court feels that the police authorities will investigate the matter and will get recorded the statement of the alleged victim by a magistrate under Section 164 Cr.P.C. and after getting the statement of the alleged victim recorded will act as per law and if the investigating authority feels that it is necessary to ascertain the age of the alleged victim then she may be medically examined.
This exercise may be undertaken after the pandemic is eased or certain relaxation is provided in the pandemic.
The petitioners shall appear before the police authorities within one month, if there is no Covid related curfew.
The petitioners having prima facie proved the case in view of the latest decision of the Apex Court and petitioner no.1 having entered into wedlock with respondent no.5, they may not be arrested till then.
With these observations, this petition stands disposed of without notice to respondent No.4.
Order Date :- 11.5.2021 Ram Murti