Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24154 of 2019 Petitioner :- Suman And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Naushad Ahmad Khan,M.Z. Hoda Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 to 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 19.10.2019 registered as Case Crime No. 0361 of 2019, under Section 363 I.P.C., P.S. Doghat, District Baghpat.
The allegation in the First Information Report, which has been lodged by the father of the victim Smt. Suman (the petitioner no.1) is to the effect that his daughter, who is aged about 17 years, has been enticed away by the accused person.
The petitioners have prayed for quashing of the First Information Report by claiming that the victim Smt. Suman is adult and that she has voluntarily married Amjad (petitioner no.2).
The learned A.G.A. has submitted that it would be appropriate that this petition be disposed off by requiring the investigating agency to determine the age of the victim and record the statement of the victim and, thereafter, take appropriate action as per law.
Having perused the record, we deem it appropriate to dispose off this petition by providing as follows:-
The petitioner no.2 shall produce the petitioner no.1 (Smt. Suman) before the court of Chief Judicial Magistrate, Baghpat by or before 17th December, 2019. Upon her production, the Chief Judicial Magistrate, Baghpat shall proceed to record the statement of Smt. Suman to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no. 2. In case the victim deposes before the Chief Judicial Magistrate that force has been used on her, the Chief Judicial Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim. However, in case the victim deposes that she has been voluntarily in the company of the petitioner no.2 or any other person and that no force has been used on her, 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 determining the age of the victim. On the date so fixed or within such reasonable time as may be required, the learned Magistrate shall proceed to determine the age of the victim as per law, keeping in mind the provisions that are applicable for determination of the age of a victim and may, if necessary, direct for ossification test/medical examination of the victim from a District Government Hospital. If the victim is found to be a minor, the learned Magistrate shall proceed to pass appropriate orders in respect of custody of the victim, as per law. However, in case the victim is found to be an adult, he shall proceed to record the statement of the victim under Section 164 Cr.P.C.
On the basis of the statement of the victim and the age of the victim as determined above, the police shall submit report under Section 173(2) Cr.P.C.
The aforesaid exercise shall be completed preferably within a period of four weeks from the date of production of the victim before the Chief Judicial Magistrate concerned. Till 17th December, 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. Though, in the event the victim is found to be minor, the police would be free to take the investigation to its logical conclusion and may effect arrest of the accused.
It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigating agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.
With the aforesaid observations/directions, the petition is disposed off.
Order Date :- 26.11.2019 SY