Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11095 of 2019 Petitioner :- Shivani Verma And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Manoj Kumar, learned counsel for the petitioners, and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 9.4.2019, registered as Case Crime No.0162/2019, under Sections 363/366 IPC, P.S. Gunnaur, Sambhal.
The FIR lodged by the father of the victim / petitioner no.1 alleges that her daughter is aged about 16 years, has been enticed away by the accused persons.
It is submitted by learned counsel for the petitioners that victim is aged about 19 years, as per her High School Certificate (Annexure-II to the petition) and that she has voluntarily married petitioner no.2, no offences are made out, FIR is liable to be quashed.
The learned A.G.A. opposed the submission on the ground that the issue of age and consent of victim can be appropriately dealt with by the court concerned.
Having perused the record and submissions made by the parties, we deem it appropriate to dispose off this petition by providing as follows:-
The petitioner no.2 shall produce the petitioner no.1 / victim before the court of Chief Judicial Magistrate concerned on or before 14.5.2019. Upon her production, the C.J.M. shall proceed to record her statement to ascertain whether any force has been used on her or she of her own accord is in the company of the petitioner no.2. In case the victim deposes that force has been used on her, the C.J.M. shall proceed to pass appropriate orders immediately in respect of her custody/protection. However, in case the victim deposes that she of her own accord is in the company of petitioner no.2 or any other person and that no force has been used on her, the learned Magistrate shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.
On the basis of the statement of the victim, the police shall submit report under Section 173(2) Cr.P.C.
The aforesaid exercise shall be completed preferably within a period of three weeks from the date of production of the victim before the Chief Judicial Magistrate concerned. Till 14.5.2019, or the date on which the victim is produced before the Chief Judicial Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim.
It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigation agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.
Order Date :- 26.4.2019 Chandra