Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 13328 of 2019 Petitioner :- Ruchi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Prasad Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A for the respondents no. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 6.5.2019 registered as Case Crime No. 343 of 2019 at P.S. Izzat Nagar, District Bareilly, U/s 363, 366 I.P.C.
The allegation in the impugned first information report, which has been lodged by the respondent no. 4, is that the informant's daughter Ruchi (petitioner no. 1), who is aged 17 years, has been enticed away by the accused persons.
The accused and Ruchi have jointly filed this petition by claiming that they are adults and that Ruchi (petitioner no. 1) has voluntarily entered into a relationship with Narendra Pal (petitioner no. 2) and therefore no offence has been committed.
On 17.5.2019, following order was passed:-
"Heard learned counsel for the petitioners and learned A.G.A. for the State.
Contention of learned counsel for the petitioners is that victim is petitioner no.1 - and accused is petitioner no. 2; there is joint affidavit filed in support of the writ petition; both are major and they have also solemnized their marriage on their own free will and they are living happily as husband and wife; as per affidavit girl is 22 years old; it has been informed that the girl is casted the vote in the present election; further contention is that as per the voter I.D. card her date of birth has been mentioned as 01.01.1997; as per FIR she is 17 years of age; the court has further been informed that the girl is present before this Court, the Court proceeds to examine her.
Accordingly, the Court has examined petitioner no. 1, who has made a statement before this Court that her name is Ruchi; on being asked "kya ye sign apke hai" she said "ha ye mere sing hai" on being asked "aap kitne tak padhi hai aur aapki age kya hai" she said "mai kaksha 8 tak padhi hu mai 22 saal ki hu."
Thus, a case for grant of indulgence has been made out.
Admit.
Learned A.G.A. appearing for respondent nos. 1, 2 and 3. Issue notice to respondent no. 4. Steps be taken within a week.
Respondents are granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within three weeks thereafter. List thereafter.
Till the next date of listing, petitioners shall not be arrested nor any coercive action shall be taken against the petitioners in pursuance of FIR registered as Case Crime No. 343 of 2019, Under Sections 363, 366 I.P.C., Police Station Izzat Nagar, District Bareilly."
Pursuant to the above order, notice was issued to the respondent no. 4 fixing 2.8.2019.
Learned counsel for the respondent no. 4 is present and submitted that Ruchi is a minor and therefore the first information report cannot be quashed.
Be that as it may, we deem it appropriate to dispose off this petition by providing as follows:-
The petitioner no.2 shall produce the petitioner no.1 (Ruchi) before the court of Chief Judicial Magistrate, Bareilly by or before 20th December, 2019. Upon her production, the Chief Judicial Magistrate, Bareilly shall proceed to record the statement of Ruchi to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no.2. In case the victim deposes before the Chief Judicial Magistrate that force has been used on her, the Chief Judicial Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim. However, in case the victim deposes that she has been voluntarily in the company of the petitioner no.2 or any other person and that no force has been used on her, learned Magistrate shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of determining the age of the victim. On the date so fixed, the learned Magistrate shall proceed to determine the age of the victim as per law, keeping in mind the provisions that are applicable for determination of the age of a victim and may, if necessary, direct for ossification test/medical examination of the victim from a District Government Hospital. If the victim is found to be a minor, the learned Magistrate shall proceed to pass appropriate orders in respect of custody of the victim, as per law. However, in case the victim is found to be an adult, he shall proceed to record the statement of the victim under Section 164 Cr.P.C.
On the basis of the statement of the victim and the age of the victim as determined above, the police shall submit report under Section 173(2) Cr.P.C.
The aforesaid exercise shall be completed preferably within a period of three weeks from the date of production of the victim before the Chief Judicial Magistrate concerned. Till 20th December, 2019 or the date on which the victim is produced before the Chief Judicial Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim. Though, in the event the victim is found to be minor, the police would be free to take the investigation to its logical conclusion and may effect arrest of the accused.
It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigation agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.
With the aforesaid observations/directions, the petition is
disposed off.
Order Date :- 28.11.2019 Saurabh