Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5498 of 2019 Petitioner :- Rashmi Khatun And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Sahai,Bhavya Sahai Counsel for Respondent :- G.A.,Piyush Kumar Shukla
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners as well as learned counsel Shri Amit Daga, who has put in appearance on behalf of the respondent no.4 and the learned A.G.A. 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 13.2.2019 registered as Case Crime No.55 of 2019, under Section 366 IPC, P.S. Rath, District Hamirpur.
Learned counsel for the petitioners has identified the petitioner nos.1 & 2, namely, Rashmi Khatun and Amir who are present before this Court. It is submitted that the petitioner no.1 has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence according to Muslim Customs & Rites. Though the petitioner nos.1 & 2 are living happy marital life, but the respondent no.4, who is the father of the petitioner no.1 has lodged the FIR against the petitioner nos.2 to 5 with absolutely false and vague allegations that the his daughter, petitioner no.1 was enticed away by them forcibly from his house.
Per contra learned counsel for the respondent no.4 and the AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioner nos.2 to 5 in the commission of the said crime. They are 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 the petitioner nos.2 to 5 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 submission made by the learned counsel for the petitioners and the learned AGA,, it emerges out that petitioner no.1 is major, we direct that the investigating officer shall 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 the petitioner nos.2 to 5 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.
It is also directed that the husband-petitioner no.2 shall deposit an amount of Rs.100000/- (Rupees One Lac Only) in a nationalized bank/post office in the form of fixed deposit for a period of not less than three years within one month in the exclusive name of the wife-petitioner no.1.
The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of the CJM/ Magistrate concerned.
The concerned bank/ post office shall be instructed by the depositor (the husband-petitioner no.2) to make a specific note in the record as well as on the fixed deposit receipt that the same shall not be encashed before maturity except with the leave of the CJM/ Magistrate concerned.
The husband-petitioner no.2 is directed to furnish the report as a proof before the CJM/ Magistrate concerned within a month that he has made the fixed deposit as directed above in the name of the wife-petitioner no.1.
This writ petition is disposed of as above.
Order Date :- 28.2.2019 M. Tariq