Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26134 of 2019 Petitioner :- Rinku Nishad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners and the learned A.G.A.
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 29.11.2019 registered as Case Crime No. 0824 of 2019 under Sections 363, 366 I.P.C., Police Station Jhusi, District Prayagraj.
Learned counsel for the petitioners has identified the petitioners, namely, Rinku Nishad and Smt. Shikha, who are present before this Court. It is submitted that the petitioner no.2, who is major has voluntarily performed marriage with the petitioner no.1 without any coercion, duress or undue influence according to Hindu Customs & Rites. TThe 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. 4 who is the mother of the petitioner no.2. Both the petitioners are leading happy marital life, as such the petitioner no.1 has not committed any offence. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned AGA contended that the allegations made against the petitioner no.1 cannot be aborted at this stage. There is complicity of the petitioner no.1 in the commission of the said crime who is involved in the serious offence .
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 no.1 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 the petitioner no.2 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 CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no.2. Thereupon, the I.O. concerned shall record the statement of petitioner no.2 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 investigation officer shall provide her full protection and shall not be harassed in any manner.
It is further directed that the petitioner no.1 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 :- 20.12.2019 VR/