Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1603 of 2019 Petitioner :- Smt. Upasana And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and Shri Narendra Kumar Maurya, learned counsel who has put in appearance for the respondent no.3 as well as the learned A.G.A.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 13.10.2018 registered as Case Crime No.708 of 2018, under Section 366 IPC, P.S. Karhal, District Mainpuri.
Learned counsel for the petitioners has identified the petitioner nos.1 & 2, namely, Smt. Upasana and Satyajeet @ Lisu @ Indrajit, 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 Hindu 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 who is the father of the petitioner no.1.
Per contra learned counsel for the respondent no.3 and the learned AGA 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 FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submission made by the learned counsel for the petitioners and the learned AGA,, it emerges out that petitioner no.1 is major, we direct that the investigating officer shall 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 they shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 22.1.2019/M. Tariq