Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11172 of 2019 Petitioner :- Yashpal @ Ranjeet Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- G.A.,Shaiwal Kumar Yadav
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Sri Dharamveer Singh, Advocate filed Vakalatnama on behalf of respondent no.4 in Court today, is taken on record.
Heard Sri Dwijendra Prasad, learned counsel for the petitioners, Sri Dharamveer Singh, learned counsel for the respondent no.4 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 15.04.2019, registered as Case Crime No. 178 of 2019, under Sections 366 I.P.C., Police Station-Tundla, District-Firozabad.
Learned counsel for the petitioners has identified the petitioner nos. 1 and 2, who are present before this Court. It is submitted that the petitioner no.2 Smt. Monika has voluntarily performed marriage with the petitioner no.1 Yashpal @ Ranjeet Singh 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.4 Girraj Singh who is grand-father of the petitioner no.2 that petitioner nos.1, 3 and 4 had forcibly abducted and enticed away his grand daughter from his parental house.
Per contra learned A.G.A. as well as learned counsel for the respondent no.4 contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioner nos. 1, 3 and 4 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 nos. 1, 3 and 4 at this stage hence there is no ground for interfering in the F.I.R., 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 petitioner no. 2 is major. High School Mark-sheet of the petitioner no. 2 regarding her age has been annexed as annexure no.2. Therefore, the I.O. concerned shall record her statement 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 nos. 1, 3 and 4 Yashpal @ Ranjeet Singh, Suraj @ Chhaini and Adesh 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.
It is further directed that the husband-petitioner no. 1 shall put an amount of Rs. 1,00,000/- (Rupees One Lakh Only) in a nationalized bank/post office in the form of fixed deposit for a period of not less than three years within two months in the exclusive name of the wife-petitioner no. 2 Monika Kumari.
The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of C.J.M./Magistrate concerned.
The concerned bank/post office shall be instructed by the depositor (the husband-petitioner no.1) to make a specific note in the record as well as on the fixed deposit receipt that the same shall not be encashed before maturity except with the leave of the C.J.M./Magistrate concerned.
The husband-petitioner no.1 is directed to furnish proof before the C.J.M./Magistrate concerned within two months that he has made the fixed deposit receipt as directed above in the name of the wife-petitioner no. 2 Monika Kumari.
This writ petition is disposed of as above.
Order Date :- 26.4.2019 Rahul.