Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5490 of 2019 Petitioner :- Seema And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and the learned A.G.A.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 3.2.2019 registered in case Crime No. 063 of 2019, under Section 366 I.P.C., police station Kotwali, district Basti.
Learned counsel for the petitioners has identified the petitioner nos.1 & 2 who are present before this Court. It is submitted that the petitioner no. 1 has voluntarily performed marriage with the petitioner no.2 according to Hindu Customs & Rites without any coercion, duress or undue influence on 6.2.2019 whereas the first information report has been lodged on 3.2.2019 by the respondent no. 3 who is the father of the petitioner no. 1 with the allegations that the petitioner no. 2 has enticed away his daughter. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report.
Per contra learned AGA contended that the allegations made against the petitioner nos. 2 and 3 cannot be aborted at this stage. There is complicity of the petitioner nos. 2 and 3 in the commission of the said crime who is involved in the serious offence .
Regard being had to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out at this stage hence there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submission made by the learned counsel for the petitioners and the learned AGA, it emerges out that petitioner no. 1 is major, we direct that the investigating officer shall move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection.
It is further directed that the petitioner nos. 2 and 3 shall not be arrested in the aforesaid crime till the submission of the report under Section 173 (2) Cr.P.C, subject to restraint that he shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 28.2.2019 Shahnawaz