Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16188 of 2020 Petitioner :- Reeta Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jalaj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.
The present petition has been filed by the petitioners seeking for quashing the first information report dated 1.11.2020 registered as case crime no. 870 of 2020 under sections 363, 366 I.P.C. police station Tilhar District Shahjahanpur with a further prayer not to arrest the petitioners in pursuance of the aforementioned first information report.
Learned counsel for the petitioners submits that the F.I.R. of the alleged incident has been lodged by the father of the victim namely Ravindra Singh. In the first information report, the age of victim has been shown about 16 years. The real fact is that the victim Reeta Devi- petitioner no. 1 is major. In High School certificate her date of birth has been shown as 28.5.2001. As per school record, at the time of alleged incident, the victim was major aged about 19 years. There was love affairs in between the victim ( petitioner no. 1) and Ranjeet Singh @ Pradeep (petitioner no.2). They have solemnized their marriage in Arya Samaj Mandir on 31.10.2020 and their marriage has been registered on 6.11.2020 by Marriage Registration Officer, Bareilly. At present they are living as husband and wife. No offence is made out against the petitioners, therefore, impugned F.I.R. is liable to be quashed.
Learned A.G.A. argued that the victim has not been recovered till date and her statements under sections 161 and 164 Cr.P.C. have also been not recorded. In the first information report, the age of victim has been shown about 16 years, therefore, impugned F.I.R. is not liable to be quashed.
In the High School certificate of victim Reeta Devi, which has been filed as annexure-2 to this writ petition, her date of birth has been shown as 28.5.2001. As per submission of learned counsel for the petitioners at the time of alleged incident, the victim was major and she has solemnized her marriage with petition no. 2 Ranjeet Singh @ Pradeep.
Considering the facts and circumstances of the case and without expressing any opinion on the merit of the case, we dispose of this writ petition with the direction to petitioner no. 2 Ranjeet Singh @ Pradeep to produce the petitioner no. 1 Smt. Reeta Devi ( victim) before the Investigating Officer within 10 days from today for recording her statement under section 161 Cr.P.C. Thereafter the Investigating Officer shall produce the victim before the Chief Judicial Magistrate concerned for recording her statement under section 164 Cr.P.C.
Till recording the statements of victim under sections 161 and 164 Cr.P.C., no coercive action shall be taken against the petitioners in the aforementioned case. Thereafter investigation of the case shall go on as per law.
In case the petitioner no. 2 Ranjeet Singh @ Pradeep fails to produce the victim before the Investigating Officer within the period directed above, he shall not be entitled to get benefit of this order.
Order Date :- 8.1.2021 Gss