Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5246 of 2019 Petitioner :- Ruby And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned AGA for 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 24.10.2017 registered as Case Crime No.918 of 2017, under sections 363,120-B I.P.C, Police Station Karvi Kotwali Nagar, District Chitrakoot.
It is submitted by the learned counsel for the petitioners that the brother of petitioner no.1 has lodged the first information report with the false and frivolous allegation against the petitioner No.2 stating therein that the petitioner No.1 Smt. Ruby was enticed away by the petitioner No.2. He has further submitted that petitioner No.1 is major. She was infatuated with petitioner no.2 and performed her marriage out of free volition according to Hindu Customs & Rites and out of her wed lock she has one child in her lap. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report. The petitioner no.1 has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence.
Per contra learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioners in the commission of the said crime. The petitioners are 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 the petitioners 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 investigation officer shall provide her full protection.
It is further directed that the petitioner nos.2 to 4 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 :- 26.2.2019 G.S