Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17073 of 2019 Petitioner :- Smt. Shivani Kanoujiya @ Zoya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Utkarsh Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
In pursuance of the order dated 20.6.2019, the petitioner no. 1, Smt. Shivani Kanoujiya @ Zoya, who has been identified by the learned counsel for the petitioners is present before this Court. The report of the Chief Medical Officer, Prayagraj which has been received in a sealed cover, has been opened in Court. According to the radiological report, the age of the petitioner no. 1 has been determined as 19 years and as such the petitioner no. 1 appears to be major.
Heard learned counsel for the petitioners and the learned A.G.A. on behalf of the State.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 10.6.2019, Case Crime No. 86 of 2019, under Sections 363, 366, 504, 506 IPC, Police Station Gwaltoli, District Kanpur Nagar.
Learned counsel for the petitioners submitted that petitioner no.1 is major and she has performed marriage with the petitioner no.2 on her own free- will without any coercion, duress or undue influence according to Muslim Customs & Rites. The allegations made in the first information report lodged by the respondent no.4 who is the brother of the petitioner no.1 against the petitioner no.2 are absolutely false and vague as they are living happily as husband and wife and enjoying marital life. As such the petitioner no.2 has not committed any offence. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned AGA contended that the allegations made against the petitioner no. 2 cannot be aborted at this stage. He is involved in the serious offence, hence does not deserve any indulgence.
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 against the petitioner no. 2 at this stage hence there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
In the light of above, we direct that the investigating officer shall move an application before the C.J.M. concerned for recording the statement of petitioner no.1 under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection. The petitioner no.1 shall not be harassed in any manner during this period.
It is directed that the petitioner no.2 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 they shall cooperate with the investigation. This writ petition is disposed of as above.
Order Date :- 25.6.2019 SR