Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3072 of 2021 Petitioner :- Swati Chaudhary And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sunil Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
This writ petition has been filed by the petitioners with a prayer to issue a writ order, order or direction in the nature of certiorari to quash the impugned FIR dated 9.10.2020 registered as Case Crime no. 1309 of 2020, under Section 366 I.P.C., P.S. Kotwali Shahar, district-Bulandshahar. Further prayer is that a direction be issued to the respondents not to arrest the petitioners pursuant to the FIR dated 9.10.2020.
We have perused the writ petition ourselves.
Prima-facie petitioner no. 1, Smt. Swati Chaudhary is the named prosecutrix, who has come before this Court, who is alleged to have been taken away by petitioner no. 2, Amit Kumar with the aid of his brother Dhurv. This FIR has been filed by her mother Smt. Beena, wife of Karanveer Singh.
Looking to the factual data produced before us, we pass ex-parte order after hearing learned counsel for the State as there is a certificate of registration of marriage, which prima-facie prove that the prosecutrix had been of marriageable age.
Having perused the documentary evidence available on record of this case, prima facie, the petitioner no. 1 appears to be not a minor and has entered into wedlock with the petitioner no. 2, which is affirmed by registered marriage certificate. At this juncture, instead of quashing the impugned FIR, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 9.10.2020 bearing Case Crime no. 1309 of 2020, under Section 366 I.P.C., P.S. Kotwali Shahar, district- Bulandshahar shall go on.
b). The statement of the prosecutrix Smt. Swati Chaudhary shall be recorded by a judicial officer which would be trated as a statement under Section 164 Cr.P.C.
c). If the investigating authority is satisfied that the prosecutrix namely petitioner no. 1 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioner nos. 2 and 3 shall neither be arrested nor coerecively dealt with till the investigation is over.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition stands finally disposed of.
Order Date :- 11.5.2021 Faridul