Criminal Revision allowed setting aside order sending minor prosecutrix to Nari Niketan. Court held ends of justice met by releasing her based on ages and expressed willingness to live with husband.
Order dated 19.7.2016 passed by C.J.M. Firozabad set aside; prosecutrix set at liberty to go according to her own wishes.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 2450 of 2016
Revisionist :- Smt. Raj Kumari Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Rajesh Dwivedi, Nirbhay Singh, Shiv Shankar Kaithal Counsel for Opposite Party :- G.A.,Atul Kumar Singh
Hon'ble Umesh Chandra Tripathi,J.
1. Heard Sri Nirbhay Singh, learned counsel for the revisionist, Sri Atul Kumar Singh, learned counsel for the opposite party No. 2 and Sri L.D. Rajbhar, learned A.G.A., for the State.
2. This criminal revision has been preferred against the order dated 19.7.2016 passed by the Chief Judicial Magistrate, Firozabad in Criminal Misc. Case No. 410 of 2016 arising out of Case Crime No. 281 of 2016 under Sections 363 and 366 IPC, Police Station Narkhi, District Firozabad, whereby prosecutrix who is minor was sent to Nari Niketan until she attains the age of majority.
3. Learned counsel for the revisionist contended that as per medical report, prosecutrix is major. She is married with Shyam Singh. She is willing to go with Shyam Singh. Even though, learned Magistrate has sent her to Nari Niketan, which is not permissible.
4. Learned counsel for the opposite party No. 2 contended that prosecutrix may be released on her own sweet will. She has been married with Shaym Singh.
5. Learned A.G.A., contended that there is no illegality in the impugned order passed by the learned Magistrate.
Perused the impugned order.
6 . As per school certificate date of birth of the prosecutrix is 5.8.2001. Accordingly, she is about 17 years old. As per report of medical board, her age is about 18 years. In her statement under Section 164 Cr.P.C., prosecutrix has admitted this fact that she is living with Shyam Singh in Agra w.e.f. 24.2.2016. She is carrying pregnancy of about four months. She expressed her willingness to go with Shyam Singh.
7. In the peculiar facts and circumstances of the case, ends of justice would be met, if the prosecutrix is set at liberty to go according to her own wishes. Accordingly, the order passed by the learned Magistrate is not sustainable.
8. In the result, this criminal revision stands allowed and the order dated 19.7.2016 passed by the Chief Judicial Magistrate, Firozabad in Criminal Misc. Case No. 410 of 2016 arising out of Case Crime No. 281 of 2016 under Sections 363 and 366 IPC, Police Station Narkhi, District Firozabad is set aside. The prosectrix is set at liberty to go according to her own wishes.
9. A copy of this order be communicated to the concerned Magistrate for necessary compliance.
Order Date :- 16.5.2018 Jaswant
3 provisions across 2 enactments
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
