Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10930 of 2019 Petitioner :- Soni And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Santosh Kumar Mishra, learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 01.04.2019, registered as Case Crime No. 0299 of 2019, under Sections 363 I.P.C., Police Station-Loni Border, District-Ghaziabad.
Learned counsel for the petitioners has identified the petitioner nos. 1 and 2, who are present before this Court. It is submitted that the petitioner no.1 has voluntarily performed marriage with the petitioner no.2 without any coercion, duress or undue influence according to Muslim Customs & Rites. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report lodged by the respondent no.3 Shami Akhtar who is father of the petitioner no.1 that petitioner no.2, Faizal had enticed away his daughter.
Per contra learned A.G.A. contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioner no. 2 in the commission of the said crime. The petitioners are 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 against the petitioner no. 2 at this stage hence there is no ground for interfering in the F.I.R., therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners and the learned A.G.A., it emerges out that both the petitioners are major, but no reliable proof regarding her age has been annexed with the petition. Therefore, the I.O. concerned shall record her statement under section 161 Cr.P.C. and also 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 no. 2 Faizal 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 :- 25.4.2019 Rahul.