Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10938 of 2019 Petitioner :- Sayma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitin Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Nitin Kumar, learned counsel for the petitioners and Sri A.N. Mulla, the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 27.5.2016 registered as case crime no.245 of 2016 under sections 363, 366 I.P.C. and 4 POCSO Act, police station Hafizganj, District Bareilly.
It is submitted by learned counsel for the petitioners that as per the personal law applicable to petitioner no.1 (victim), competency to contract a marriage arises on attaining puberty, petitioners no. 1 and 2 claim themselves to be lawfully married couple, petitioners no. 3 to 5 are relatives of petitioner no.2, no offences are made out, FIR be quashed.
Learned A.G.A, opposed the submission.
It is well settled that amongst muslims, for a girl to contract a muslim marriage, she must have attained the age of puberty.
This petition is disposed of with the direction 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, 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 for recording her statement under section 164 Cr.P.C. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is of the age of puberty, 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 S.P. concerned to provide security for the above mentioned purpose, same shall be provided to them.
The issue of custody of the victim, if she is a minor be also decided by the CJM in accordance with law.
However, in the event of the default on the part of petitioner, this order shall automatically cease to have any effect without further reference to the Court.
Order Date :- 25.4.2019 N.S.Rathour