Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2721 of 2021 Petitioner :- Sulekha Nishad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Counsel for Respondent :- G.A.,Rajesh Kumar Mall
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; Sri Rakesh Kumar Mall for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 07.03.2021 registered as Case Crime No.182 of 2021, under Section 363 IPC, P.S. Kasiya, District Kushinagar.
The respondent no.4, who is the mother of Sulekha (petitioner no.1), has lodged the impugned first information report by alleging that Sulekha was married six years ago to co-accused Anil Nishad son of Srikant Nishad. She was being harassed in connection with demand of dowry and therefore she lodged a first information report, which was registered as Case Crime No.392 of 2019. After lodging of the first information report, pressure was exerted upon her to come to a compromise and in that connection she was taken by Anil Nishad and his father Srikant Nishad, on 01.03.2020, to market. Since thereafter, she did not return. It is alleged that a search for her was made but she could not be found. Therefore, by alleging that she has been secreted somewhere, the impugned first information report has been lodged in which Sanjesh Madhesiya (petitioner no.2) is also an accused.
This petition has been filed jointly by Sulekha and Sanjesh Madhesiya stating that Sulekha is voluntarily with the petitioner no.2 and as both of them are adult, no offence has been committed.
Looking to the nature of the allegations made, keeping in mind that Sulekha is allegedly married to Anil Nishad, we deem it appropriate to dispose off this petition by requiring the petitioner no.2 (Sanjay Madhesiya) to produce Sulekha (petitioner no.1) before the Investigating Officer of the case. If Sulekha is produced before the Investigating Officer of the case, within 10 days from today along with documents with regard to her identity and age, her statement would be recorded under Section 161 Cr.P.C. and, thereafter, she shall be produced before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. For a period of three weeks from today, subject to above, the petitioners shall not be arrested in Case Crime No.182 of 2021, P.S. Kasiya, District Kushinagar, under Section 363 or 366 IPC, as the case may be. After recording of her statement, as directed above, the petitioners will be at liberty to file a fresh petition, if required.
It is further made clear that if Sulekha is not produced before the Investigating Officer within the period specified above, this interim protection shall not be operable.
With the aforesaid observation/direction, the petition stands disposed off.
Order Date :- 7.4.2021 AKShukla/-