Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5281 of 2019 Petitioner :- Rubina And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gajendra Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and the learned A.G.A.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 5.2.2019 registered in case Crime No. 67 of 2019, under Section 363 I.P.C., police station Alapur, district Budaun.
It is submitted by the learned counsel for the petitioners that the petitioner no. 1 has performed marriage with the petitioner no. 2 out of her own free will according to Muslim custom and rites. The petitioner nos. 1 & 2 are major and present before this Court. Earlier they approached by this court by filing Writ-C No. 3174 of 2019 and were granted indulgence by order dated 31.1.2019. The first information report has been lodged against the petitioner nos. 2 to 5 by the respondent no. 4 who is the father of the petitioner no. 1 with absolutely false and vague allegations.
Per contra learned AGA contended that the allegations made against the petitioner nos. 2 to 5 cannot be aborted at this stage. There is complicity of the petitioner nos. 2 to 5 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 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.
This writ petition is disposed of as above.
Order Date :- 26.2.2019 Shahnawaz