Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24284 of 2019 Petitioner :- Tulsi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- G.A.,Saiyad Iqbal Ahmed,Shailesh Kumar Mishra
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard Sri Kirshna Kumar Singh, learned counsel for the petitioners, Sri Shailesh Kumar Mishra and the learned A.G.A.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 16.11.2019 registered as Case Crime No. 342 of 2019, under Sections 452, 363 and 366 IPC, P.S. Bhojpur, district Moradabad.
It is submitted by the learned counsel for the petitioners that the petitioner no. 1 has voluntarily performed marriage with the petitioner no. 2 without any coercion, duress or undue influence according to Hindu Customs & Rites. Both the petitioners have filed their joint affidavit by filing the writ petition before this Hon'ble Court. Thereafter the opposite party no. 3 the mother of the petitioner no. 1 and other family members have taken her away forcibly thus interfering with their married life. The respondent no. 3 who is the mother of the petitioner no. 1 has lodged the first information report with absolutely false and frivolous allegations that the petitioner no.2 has taken her minor daughter on some false pretext. It is submitted by the learned counsel for the petitioners that both are major and living their happy marital life, hence the allegations made in the first information report is false and concocted. 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.
Per contra learned counsel for the complainant and the learned AGA contended that the allegations made against the petitioner no.2 cannot be aborted at this stage. There is complicity of the petitioner no. 2 in the commission of the said crime. He is 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 FIR, 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 no reliable proof regarding the age of the petitioner no.1 has been annexed with the petition, hence we direct her to appear before the Chief Judicial Magistrate concerned within two weeks from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no.1. Thereupon, the I.O. concerned shall record the statement of petitioner no. 1 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 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 :- 28.11.2019 Shahnawaz