Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26076 of 2019 Petitioner :- Sandhya Yadav @ Salma Bano And 3 Others Respondent :- State Of U.P. 2 Others Counsel for Petitioner :- Nasiruddin Warsi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Nasiruddin Warsi, learned counsel for the petitioners and Dr. S.B. Maurya, the learned A.G.A.
This is a joint writ petition filed by the petitioners along with a joint affidavit of a married couple (petitioner nos.1 and 2) with a prayer to quash the F.I.R dated 29.11.2019, Case Crime No. 537 of 2019, under Sections 363, 366 I.P.C and 16/17 POCSO Act, Police Station- Nichlaul, District- Mahrajganj.
The contention of the learned counsel for the petitioners is that petitioner no. 1 is an adult, as per Aadhar Card, her date of birth is 2.5.2000, she voluntarily solemnized marriage with petitioner no.2 (Mohd. Sahil) on 27.11.2019, it's an inter-religious marriage, petitioners no. 3 and 4 are family members of petitioner no. 2, no offence is made out, F.I.R. be quashed.
Learned A.G.A, 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.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
This is an inter-religious marriage of petitioner No. 1 and 2. The S.S.P./S.P. concerned, while considering the issue of 'protection to the petitioners', shall bear in mind the Government Order dated: 31.8.2019 / 5.9.2019 relating to protection to such persons.
With this direction, this petition is finally disposed of.
Order Date :- 19.12.2019 N.S.Rathour