Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8752 of 2021 Petitioner :- Sarfaraj And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 8.6.2021 being Case Crime No.0294 of 2021 under Sections 363/366 IPC and 7/8 POSCO (Protection of Children from Sexual Offences) Act, 2012 at P.S. Rohania, Distt. Varanasi, U.P. and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
It is contended that brother of the petitioners and the daughter of the complainant are major and have married with each other out of their own free will and as such no offence under the aforesaid Sections is made out.
Be that as it may, the writ petition is disposed of with a direction to the daughter of the complainant namely Afsana to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within a week from today. In the event she appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. and also ensure her medical examination for age determination and shall pass appropriate orders in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioners.
Order Date :- 27.10.2021 SP/