Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22077 of 2019 Petitioner :- Vinita Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the petitioners and Sri Kuldeep Johar, the learned A.G.A.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 05.08.2019, Case Crime No. 0379 of 2019, under Sections 363 I.P.C., Police Station- Puranpur, District- Pilibhit.
The contention of the learned counsel for the petitioners is that it is a joint petition on behalf of petitioners no. 1 & 2, who claim themselves to be a married couple, victim / petitioner no. 1 is an adult as per Aadhar Card her date of birth is 01.01.2001, she voluntarily solemnized marriage with petitioner no. 2 (Kaptan Singh) on 04.08.2019, petitioners no. 1 & 2 are living together by choice without any coercion, no offence is made out, F.I.R. be quashed.
Aadhar Card is not a valid proof of age, therefore the age of the victim / petitioner no. 1 cannot be decided as per date of birth mentioned therein and it appears that on the basis of allegations made in the F.I.R., prima facie cognizable offence is made out, there is no scope of interfering in the FIR, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the CJM concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer-in- charge of the police station concerned. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With this direction, this petition is finally disposed of. Order Date :- 27.9.2019 Vibha Singh