Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26068 of 2019 Petitioner :- Smt. Ruchi Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Sushil Kumar Dubey, learned counsel for the petitioners and Dr. S.B. Maurya, the learned A.G.A.
This is a joint writ petition filed by couple along with a joint affidavit with a prayer to quash the F.I.R. dated 15.12.2019, Case Crime No. 0297 of 2019, under Sections 363, 366 I.P.C, Police Station- Bichhwa, District- Mainpuri.
The contention of the learned counsel for the petitioners is that petitioner no. 1 is an adult, as per High School Mark-sheet, she is 17 years of age, she voluntarily solemnized marriage with petitioner no.2 (Saurabh) on 16.12.2019, no offence is made out, F.I.R. be quashed.
Learned A.G.A, and Sri Pramod Kumar Srivastava, learned counsel for the informant opposed the submission, but could not dispute the age of victim.
However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the CJM concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer-in-charge of the police station concerned. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With this direction, this petition is finally disposed of.
Order Date :- 19.12.2019 / N.S.Rathour